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UC-NRLF 


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LIBRARY      ,  x 

OK  THK 

UNIVERSITY  OF  CALIFORNIA 


GIFT  OF 


85444 


Accession  Class 


SOHOOU 


OP    THE 


STATE  OF  MISSOURI 


REVISED  STATUTES,  1899. 


WITH  COURT  DECISIONS,  FORMS  AND  COMMENTS  FOR  THE 
USE  OF  SCHOOL  OFFICERS— LIST  OF  TEXT-BOOKS 
ADOPTED-COURSE    OF    STUDY    FOR    RU- 
RAL   AND  VILLAGE  SCHOOLS. 


PUBLISHED  ACCORDING  TO  LAW  BY  THE 

STATE    SUPERINTENDENT   OF   PUBLIC  SCHOOLS 

SECTION     9856. 


The  Presidents  and  Secretaries  of  School  Boards  Should    Have  Copies  and  Turn  Them 
Over  to  Their  Successors.    Every  Teacher  is  Also  Entitled  to  One  Copy. 


JEFFERSON  CITY,  MO.: 
TRIBUNE  PRINTING  COMPANY,  STATE  PRINTERS  AND  BINDERS. 

1900. 


L  ft 


REVISED 

SCHOOL   LAW   OP  MISSOURI. 

1899. 


CHAPTER    154. 


SCHOOLS. 

ARTICLE  I— Public  schools. 

II— City,  town  and  village  schools. 
VI— Institutes. 
VII — School  book  commission. 

ARTICLE  I. 

PUBLIC  SCHOOLS. 


SECTION 
9737.     School 


their     corporate 


districts, 
powers. 

9740.  To   organize  unorganized   territory. 

9741.  School    district   forfeits   its   organi- 

zation, when  and  how. 

9742.  Formation  of  new  districts. 

9743.  Preceding  section  to  apply  to  what 

districts. 

9744.  Division  of  property. 

5745.    Valuation  of  property  to  be  divided. 
9746.    Assessment  of  the  building  fund. 

5747.  Division  of  districts  lying  in  two  or 

more   counties. 

5748.  First  meeting  in  newly  created  dis- 

tricts. 

9749.    Annual  meeting. 
5750.    Powers  of  annual  meeting. 

9751.  Length  of  school  required. 

9752.  School  loan— method  of  voting,  etc. 

9753.  Restrictions  on  loan. 

5754.    Renewal  funding  bonds,  issue  of. 

9755.  Exchange    and    sale    of    bonds— no 

commission    allowed. 

9756.  Redeemed  bonds  to  be  destroyed. 
5757.    Tax  levy  for  sinking  fund. 

9758.  Tax  levy  for  annual  interest. 

9759.  Directors,  how  elected  and  term  of 

office. 

9760.  Oath  of  directors. 

5761.    Organization  of  board  of  directors. 

9762.  Vacancy  in  directory,   how   filled. 

9763.  Care   of  property   and   purchase  of 

material. 

9764.  Rules   and   regulations   and    admis- 

sion of  non-resident  pupils. 

9765.  Contagious  diseases. 
5766.    Employment  of  teachers. 
9767.    Contract  construed. 
5768.    Visitation  of  schools. 


SECTION 

9769.  Removal  of  district  clerk. 

9770.  Enumeration  lists. 

9771.  Estimate. 

9772.  Condemnation  of  site. 

9773.  High  schools  may  be  established. 

9774.  Separate  schools  for  white  and  col- 

ored children. 

9775.  Schools  for  colored  children— estab- 

lishment of. 

9776.  Colored    children,    right    to    attend 

other  schools  in  the  county. 

9777.  Increase  of  tax  levy  for  maintain- 

ing schools. 

9778.  Id.    For  erecting  school-house. 

9779.  Notice   of   election   for   increase   of 

tax. 

Special  meetings. 

School  day,  week,  month  and  year. 
Arbor  day  set  apart. 


9780. 
9781. 
9782. 
9783. 


Penalty  for  injuring  school  prop- 
erty or  failure  to  perform  official 
duty. 

9784.  Duties  of  district  clerk. 

9785.  County     commissioner     to     furnish 

blanks. 

9786.  District    clerk    to    procure    record 

book  and  teacher's  register. 

9787.  Notice  of  special  meetings. 

9788.  Payment  of  district  indebtedness. 

9789.  Form   of  warrant. 

9790.  School  moneys,  how  applied. 

9791.  Permitting    school    boards    to    loan 

sinking  funds. 

9792.  County    court    may    invest    sinking 

fund,  how. 

9793.  County   treasurer  to  report. 

9794.  Record  and  report  of  district  plat. 

9795.  Statement  of  treasurer. 

9796.  Teacher's  certificate  before  employ- 

ment. 


Q  K  /f    .4 


SECTION 

9797.  Teachers  and  directors  liable   to   a 

misdemeanor,  when. 

9798.  Qualifications  necessary  for  certifi- 

cate. 

9799.  Instruction   in   physiology   and   hy- 

giene, when. 

9800.  Register  of  attendance. 

9801.  Monthly    and    term    reports. 

9802.  Attendance  of  teachers'    institutes. 

9803.  County      commissioner— eligibility- 

time  of  election  and   duration  of 
office. 

9804.  Id.    Determining    election    of— com- 

mission. 

9805.  Examination    of   teachers. 

9806.  Examination   for   certificates. 

9807.  Two  grades  of  certificates— to  con- 

tain, what. 

9808.  Report  to  be  made. 

9809.  Compensation  for  office  duties. 

9810.  County  supervision,  how  adopted. 

9811.  Oath,  bond  and  office  of  the  super- 

intendent. 

9812.  Official    duties    of    county    superin- 

tendent. 

9813.  Compensation  of  the  county  super- 

intendent. 

9814.  Duties  of  state  board  of  education. 

9815.  Duty  of  board  in  relation  to  swamp 

lands. 

9816.  Duty    as    to   state    school    fund    of 

counties. 

9817.  Power    to    employ    attorneys — fees 

for  services  of  same. 

9818.  Board   to  make   report   of  proceed- 

ings to  general  assembly. 

9819.  Public      school      fund— from     what 

sources  derived  and  how  invested. 

9820.  Account  kept,  by  whom. 

9821.  Duties  of  state  auditor. 

9822.  Investment  of  money  belonging  to 

capital  of  fund. 

9823.  Duties   of   state  treasurer. 

9824.  County  school  funds. 

9825.  School    funds   not   to   be   loaned   to 

certain  persons— penalty. 

9826.  County   court   to   have  jurisdiction 

of  county  school  fund. 

9827.  Collection  of  fines  and  penalties  and 

other  school  moneys. 


SECTION 

9828.  Township   school   fund— from   what 

source  derived. 

9829.  Custodians  of  fund. 

9830.  Transfer     of    funds    when    county 

lines  are  changed. 

9831.  How  invested. 

9832.  Security   in   cases   of  loan. 

9833.  Form  of  mortgage— notice  of  sale- 

fees,   how  paid. 

9834.  Additional  securities. 

9835.  County   court   may   make   order  of 

sale,  when. 

9836.  Principal  and  interest  of  loan,  paid 

where. 

9837.  Authority  to  repossess  property  by 

purchase. 

9838.  Loan     of     surplus     district     school 

money. 

9839.  How  loaned. 

9840.  Apportionment     of     public     school 

fund—basis  and  time  of. 

9841.  State    superintendent    may    correct 

error  in   apportionment— distribu- 
tion of  funds. 

9842.  Apportionment     of     county     school 

money. 

9843.  Distribution   of   funds   when   town- 

ship lies  in  two  counties. 

9844.  Duties  of  county  clerk— assessment 

of  estimates. 

9845.  Compensation   of   county   clerk  for 

labor  on  tax-book. 

9846.  Report    of   county    clerk     to    state 

superintendent. 

9847.  Collector's    receipt    and    compensa- 

tion. 

9848.  Collection  of  delinquent  taxes. 

9849.  Treasurers   and   their   duties. 

9850.  Settlements  of  treasurers. 

9851.  Penalty  for  failure  to  make  settle- 

ment. 

9852.  Title  of  property. 

9853.  Blanks  for  reports. 

9854.  State    superintendent— election    and 

term  of  office. 

9855.  Bond   and   qualification. 

9856.  Power  and  duties. 

9857.  Shall   employ   chief   clerk — salary. 

9858.  Annual  report  of  superintendent. 

9859.  Restrictions  and  penalties. 


SEC.  9739.     School  districts — their  corporate  powers.— 

All  sub-districts,  as  organized  and  bounded,  shall  hereafter  be  known 
as  school  districts  and  thus  denominated  and  numbered  by  the  county 
court  for  the  general  purposes  of  education;  and  every  such  district, 
as  well  as  those  hereafter  organized  under  the  provisions  of  this  chap- 
ter, shall  be  a  body  corporate,  and  possess  the  usual  powers  of  a  cor- 
poration for  public  purposes,  under  the  name  and  style  of  "District 

No.  ,  township ,  range  ,  of  county;"  and  in  that 

name  shall  be  capable  of  suing  and  being  sued;  of  holding  such  real 
and  personal  property  as  may  at  any  time  be  either  donated  to  or 
purchased  in  accordance  with  the  provisions  of  this  chapter,  or  of 
which  they  may  be  rightfully  possessed  at  the  time  of  the  passage  of 
this  law,  and  also  the  power  of  selling  the  same  as  hereinafter  pro- 
vided. (K.  S.  1889,  §  7969.) 

School  districts  are  quasi  corporations.  52  Mo.  309;  54  Mo.  458.  Section  construed. 
89  Mo.  158.  An  unincorporated  town  is  not  legally  organized  as  a  school  district.  46 
Mo.  376.  Territory  outside  of  corporate  limits  may  be  attached,  how.  53  Mo.  127;  60 
Mo.  540;  65  Mo.  587.  School-house  cannot  be  used  for  the  purpose  of  keeping  a  Sunday- 
school,  67  Mo.  301.  School  districts  not  subject  to  garnishment.  42  A.  460. 


When  a  new  district  is  formed  in  the  manner  provided  by  law,  the  matter  should 
be  reported  to  the  county  clerk,  and  by  him  to  the  county  court,  whose  duty  it  is  by 
order  made  of  record  to  denominate  and  number  the  same.  This  section  contemplates 
that  the  school  districts  shall  be  designated  by  the  true  township  and  range.  89  Mo. 
158. 

SEC.  9740.  To  organize  unorganized  territory. — When- 
ever there  shall  be  in  this  state  any  territory  not  organized  into  a 
school  district,  and  containing  within  its  limits  twenty  or  more  pupils 
of  school  age,  three  or  more  tax-payers  of  such  territory  may  call  a 
meeting  of  the  qualified  voters  of  such  unorganized  territory,  or  such 
part  thereof  as  they  desire  to  organize  into  a  school  district,  by  first 
grving  fifteen  days'  notice  of  the  time,  place,  purpose  of  the  meeting  and 
boundary  lines  of  the  territory  proposed  to  be  organized.  The  qualified 
voters,  when  assembled,  may  organize  such  territory  into  a  school  dis- 
trict, a  majority  of  the  qualified  voters  residing  in  such  territory  pro- 
posed to  be  organized  into  a  school  district  voting  therefor,  who  shall 
approve  of  a  plat  defining  the  boundaries  thereof,  and  elect  three 
directors,  who  shall  serve  until  the  next  annual  meeting,  when  one  di- 
rector shall  be  elected  to  serve  for  one  year,  one  director  for  two  years 
and  one  director  for  three  years — said  directors  to  serve  until  their 
successors  are  duly  elected  and  qualified:  Provided,  that  any  terri- 
tory not  organized  into  a  school  district,  and  containing  less  than 
twenty  pupils  of  school  age,  may  be  attached  to  an  adjoining  district 
upon  petition  by  the  qualified  voters  of  such  unorganized  territory,  or 
such  part  thereof  as  may  wish  to  be  attached  to  such  adjoining  dis- 
trict, directed  to  the  board  of  directors  of  such  adjoining  district;  and 
it  shall  be  the  duty  of  such  board,  on  receipt  of  the  petition,  to  meet 
forthwith  and  consider  same,  and  if  a  majority  of  the  board  are  in 
favor  thereof,  such  territory  shall  become  a  part  of  such  district.  (E. 
8. 1889,  §  7970.) 

Money  apportioned  prior  to  division  of  district  does  not  follow  new  district.  90 
Mo.  395.  Posting  of  notices,  condition  precedent  to  the  validity  of  such  division.  54 
A.  31;  94  Mo.  612. 

The  notice  required  by  this  section  should  be  as  explicit  in  its  essential  features 
as  that  required  under  the  provisions  of  section  9742,  which  is  commented  on  in  full. 

This  section  confers  the  right  to  call  the  first  meeting  for  forming  unorgainzed 
territory  into  a  school  district  upon  three  tax-payers  of  the  territory  to  be  organized. 
These  qualifications  are  jurisdictional.  Proper  notice  should  be  given  by  persons 
-qualified.  89  Mo.  158. 

SEC.  9741.  School  district  forfeits  its  organization, 
Tvhen  and.  how. — Whenever  any  school  district  in  this  state,  now 
organized  or  that  may  be  hereafter  organized  under  the  laws  of  this 
state,  shall  fail  or  refuse,  for  the  period  of  one  year,  to  provide  for  a 
six  months'  school  in  such  year,  provided  a  levy  of  forty  cents  on  the 
one  hundred  dollars  valuation,  together  with  the  public  funds,  will 
enable  them  to  have  so  long  a  term,  the  same  shall  be  deemed  to  have 
lapsed  as  a  corporate  body,  and  the  territory  theretofore  embraced 


6 

within  such  lapsed  district  shall  be  deemed  and  taken  as  unorganized 
territory,  and  the  same,  or  any  portion  thereof,  may  be  attached  to- 
any  adjoining  district  or  districts  for  school  purposes,  in  the  same 
manner  as  is  now  provided  in  section  9740  of  the  Revised  Statutes  of 
Missouri:  Provided,  that  no  school  district  shall  be  deemed  to  have 
lapsed  where  the  failure  to  make  the  needed  provision  for  the  six 
months  of  school  results  from  irregular  or  void  proceedings  had  for 
that  purpose.  (R.  S.  1889,  §  7971.) 

The  purpose  of  this  section  is  to  secure  at  least  a  six  months'  term  of  schooL 
If  a  district  maintains  a  shorter  term  than  this,  it  must  show  that  it  used  a  forty- 
cent  levy,  together  with  the  public  funds. 

SEC.  9742.  Formation  of  new  districts.  —  When  it  is 
deemed  necessary  to  form  a  new  district,  to  be  composed  of  two  or 
more  entire  districts,  or  parts  of  two  or  more  districts,  or  to  divide 
one  district  to  form  two  new  districts  from  the  territory  therein,  or 
to  change  the  boundary  lines  of  two  or  more  districts,  it  shall  be  the 
duty  of  the  district  clerk  of  each  district  affected  upon  the  reception 
of  a  petition  desiring  such  change,  and  signed  by  ten  qualified  voters 
residing  in  any  district  affected  thereby,  to  post  a  notice  of  such  de- 
sired change  in  at  least  five  public  places  in  each  district  interested 
fifteen  days  prior  to  the  time  of  the  annual  meeting;  and  the  voters 
when  assembled  shall  decide  such  question  by  a  majority  vote  of 
those  who  vote  upon  such  proposition.  If  the  assent  to  such  change 
be  given  by  all  the  annual  meetings  of  the  various  districts  thus  vot- 
ing, or  of  the  part  of  the  district  to  be  divided,  each  part  voting  sepa- 
rately, the  district  or  districts  shall  be  deemed  formed  or  the  boundary 
lines  thus  changed  from  that  date;  but  if  all  the  districts,  or  parts  of 
districts  affected  do  not  vote  in  favor  of  such  change,  the  matter  may 
be  referred  to  the  county  commissioner;  and  upon  such  appeal  being- 
filed  with  him,  in  writing,  within  five  days  after  the  annual  meeting,. 
he  shall  appoint  four  disinterested  men,  resident  tax-payers  of  the 
county,  who,  together  with  himself,  shall  constitute  a  board  of  arbi- 
tration, whose  duty  it  shall  be  to  consider  the  necessity  for  such  pro- 
posed change  and  render  a  decision  thereon,  which  decision  shall  be 
final.  When  there  is  an  equal  division  the  county  commissioner  shall 
give  the  casting  vote.  The  commissioner  shall  at  the  time  of  the  ap- 
pointment of  these  members  of  this  board  of  arbitration  notify  them 
to  meet  him  at  some  convenient  place  in  the  county  within  fifteen 
days  after  annual  school  meeting  where  the  deliberations  of  the  board 
shall  take  place  and  its  decision  be  rendered.  But  in  making  such 
change,  the  decision  in  all  cases  shall  conform  to  the  propositions  con- 
tained in  the  notices  and  voted  upon  at  the  annual  meeting;  and  the 
county  commissioner  shall,  on  or  before  the  last  day  of  April,  trans- 


mit  the  decision  to  the  clerks  of  the  various  districts  interested,  or  to 
the  clerk  of  the  district  divided,  and  said  clerk  or  clerks  shall  enter 
the  same  upon  the  records  of  his  or  their  respective  district  or  dis- 
tricts; and  the  said  board  of  arbitration  shall  be  allowed  a  fee  of  fif- 
teen dollars,  to  be  paid  by  the  district  or  districts  taking  the  appeal  at 
the  time  said  appeal  is  made:  Provided,  however,  that  no  new  district 
shall  be  created  or  boundary  line  changed  by  which  any  district  shall 
be  formed  containing  within  its  limits  by  actual  count  less  than  twen- 
ty pupils  of  school  age,  or  by  which  any  district  shall  be  left  contain- 
ing within  its  limits  by  actual  count  less  than  twenty  pupils  of  school 
age:  Provided,  however,  the  resident  voters  upon  any  island  in  any  of 
the  navigable  rivers  of  this  state  may  organize  into  a  school  district 
without  being  subject  to  the  restrictions  in  the  preceding  portion  of 
this  section.  It  is  further  provided,  that  in  changing  the  boundary 
line  between  the  two  established  districts,  one  district  shall  not  en- 
croach upon  the  other  simply  for  the  acquisition  of  territory.  (E.  S. 
1889,  §  7972,  amended,  Laws  1891,  p.  206,  amended,  Laws  1895,  p.  267, 
amended.) 

Directors  must  decide  whether  petitioners  are  qualified  voters.  84  Mo.  90.  Com- 
missioners cannot  change  boundary  otherwise  than  as  proposed  in  the  election.  85 
Mo.  156;  94  Mo.  612;  70  A.  238.  No  petition  required  to  change  boundary,  when.  89  Mo. 
23.  Statute  construed.  48  A.  560.  New  school  districts  may  be  formed,  how.  75  A.  317. 

When  it  is  desired  to  form  a  new  district  or  to  change  the  boundary  lines  of 
two  or  more  districts,  the  first  step  is  the  preparation  of  a  petition  clearly  setting  forth 
the  change  desired,  which  petition  must  be  signed  by  at  least  ten  qualified  voters 
"residing  in  any  district  affected  thereby."  It  is  not  necessary  that  the  voters  all 
reside  in  the  same  district— part  may  reside  in  each  district,  but  every  signer  must 
reside  in  some  one  of  the  districts  affected  by  the  proposed  change.  As  many  peti- 
tions should  be  prepared  (all  alike)  as  there  are  districts  affected,  and  one  petition 
be  presented  to  the  clerk  of  each  district  affected.  The  law  makes  it  the  duty  of 
the  clerk,  without  any  action  of  the  board  of  directors,  upon  receipt  of  the  petition 
to  post  a  notice  in  at  least  five  public  places  in  the  district  of  which  he  is  clerk,  fifteen 
days  prior  to  the  time  of  the  annual  meeting.  A  failure  to  do  this  subjects  the  clerk 
to  a  fine  of  not  exceeding  one  hundred  dollars. 

The  statutory  notice  prescribed  by  this  section  is  mandatory  and  jurisdictional, 
and  a  division  of  school  districts  made  at  an  annual  meeting  not  within  the  scope  of 
an  antecedent  notice  given  for  the  time,  and  at  the  places  and  in  the  manner  fixed  by 
law,  is  void.  The  notices  must  necessarily  be  as  comprehensive  as  the  proposition  to  be 
voted  on.  and  must  inform  the  voter  what  change  it  is  proposed  to  make  in  the 
boundaries  of  his  district.  Unless  the  notice  is  such  as  to  give  this  information,  it 
is  no  notice  at  all.  It  is  not  sufficient  that  the  voters  be  notified  that  at  the  annual 
meeting  they  will  be  called  upon  to  vote  upon  the  question  whether  or  not  a  new 
district  shall  be  formed,  and  a  change  made  in  the  boundary  lines  of  the  old  districts; 
they  must  be  notified  of  the  change  proposed,  of  what  territory  the  new  district  is 
to  be  composed,  of  what  change  is  to  be  made  in  the  boundaries  of  the  old  ones.  The 
notice  is  sufficient  if  signed  by  the  district  clerk.  54  A.  31. 

If  the  proposition  is  to  form  a  new  district  by  dividing  one  or  more  districts, 
the  voters  residing  in  the  part  of  the  territory  proposed  to  be  cut  off  to  form  the 
new  district  vote  separately  from  those  residing  in  the  territory  to  remain  in  the  old 
district.  If  the  proposition  carries  in  all  the  districts  and  parts  affected,  the  division 
takes  place  at  once.  If  the  proposition  is  defeated  in  all  the  districts  and  parts 
affected,  the  division  is  defeated,  and  there  can  be  no  appeal.  If  the  proposition  i3 


carried  in  one  or  more  of  the  districts  or  parts  affected,  and  is  defeated  in  the  others, 
the  matter  may  be  appealed  to  the  county  commissioner.  The  appeal  may  be  taken 
by  a  board  of  directors  acting  officially,  or  it  may  be  taken  by  one  or  more  of  the 
interested  parties,  i.  e.,  the  petitioners.  The  commissioner  alone  can  not  consider  an 
appeal.  He  must  appoint  a  board  of  arbitration,  consisting  of  four  tax-payers  who  live 
in  the  county,  but  not  in  any  one  of  the  districts  affected  by  the  proposed  change. 
This  board  of  arbitration  must  meet  at  time  and  place  fixed  by  the  county  commis- 
sioner within  fifteen  days  after  the  annual  meeting  (Wednesday  of  second  week  after 
annual  meeting  is  last  day  for  such  hearing).  The  commissioner  is  ex  ojficio  chairman 
of  this  board,  but  has  no  vote  except  in  case  of  a  tie  in  the  vote  of  the  other  four 
members.  This  board  is  allowed  a  fee  of  fifteen  dollars  (three  dollars  each)  for  every 
case  appealed,  which  fee  must  be  paid  by  the  district  or  persons  taking  the  appeal. 

One  board  may  be  appointed  to  consider  all  appealed  cases  in  the  county  in  any 
one  year,  and  this  board  could  be  called  to  meet  at  county  seat  on  second  Monday 
after  annual  meeting,  thus  giving  themselves  three  days  to  consider  all  such  cases. 
The  appeal  must  be  filed,  in  writing,  with  the  county  commissioner  within  five  days 
after  the  annual  meeting.  The  first  Monday  after  the  annual  meeting  is  the  last  day 
upon  which  the  appeal  can  be  filed.  If  filed  after  that  day,  the  action  of  the  commis- 
sioner thereon  would  be  null  and  void. 

In  case  a  district  having  a  bonded  indebtedness  is  divided,  the  district  retaining 
the  old  number  and  school  property  is  liable  for  the  whole  amount  of  the  indebtedness 

The  proposition  voted  on  must  specify  the  boundaries  of  the  districts  as  sought 
to  be  changed  or  established.  The  notices  must  also  specify  the  changes  proposed  in 
the  school  district  boundaries,  and  are  sufficient  if  signed  by  the  district  clerk.  The 
county  commissioner  cannot  go  beyond  the  proposition  voted  on  and  establish  boun- 
daries different  from  those  specified  in  the  proposition.  94  Mo.  612;  89  Mo.  23;  85  Mo. 
156.  When  a  person  by  his  laches  cannot  complain  that  a  school  district  was  never 
legally  organized.  90  Mo.  683.  When  the  county  commissioner  has  acted,  whether 
with  or  without  jurisdiction,  mandamus  cannot  be  invoked  for  the  purpose  of  reversing 
his  decision.  84  Mo.  90.  Quo  warranto  will  lie  on  behalf  of  the  state  to  determine  the 
right  of  individuals  to  exercise  the  office  of  school  directors.  84  Mo.  198.  Sufficiency 
of  notice.  54  A.  31. 

SEC.  9743.     Preceding  section  to  apply  to  what  districts. 

The  provisions  of  section  9742  of  this  article  shall  apply  to  all  school 
districts  of  this  state  organized  under  special  charter,  or  under  and  by 
virtue  of  any  special  law  of  the  state  of  Missouri  organizing  or  incor- 
porating such  school  district,  excepting  such  school  districts  formed 
from  territory  composed  of  land  granted  to  any  city,  town  or  village 
by  virtue  of  any  act  of  congress  confirming. to  said  city,  town  or  village 
said  grants  of  land,  and  excepting  school  districts  formed  of  or  con- 
tained in  cities  and  towns  containing  one  hundred  thousand  inhabit- 
ants or  over.  (Laws  1893,  p.  237.) 

SEC.  9744.  Division  of  property. — When  a  new  district  is 
formed,  which  shall  include  within  its  limits  those  who  have  hereto- 
fore aided  in  the  erection  of  a  school-house  in  the  district  from  whence 
they  were  detached,  and  they  propose  to  surrender  to  the  old  district 
all  claim  thereon  for  their  share  of  the  said  property,  this  fact  shall  be 
distinctly  stated  in  the  notices  posted  in  said  district,  as  required  by 
section  9742;  and  the  parties,  upon  the  event  of  the  formation  of  the 
new  district,  shall  be  considered  to  have  surrendered  all  right  and 
title  to  the  property  of  the  old  district;  but  ir  such  fact  is  not  thus 


9 

expressed  in  said  notice,  the  property  belonging  to  the  district  shall 
be  valued  as  hereinafter  provided;  and  there  shall  be  levied  upon  and 
collected  from  the  taxable  property  included  in  the  original  district 
prior  to  such  new  formation,  a  sum  bearing  the  same  proportion  to  the 
entire  value  of  the  school  property  as  the  assessed  valuation  of  the  tax- 
able property  included  within  that  portion  of  the  territory  detached 
bears  to  the  total  valuation  of  the  property  located  in  the  old  original 
district.  (K.  S.  1889,  §  7973.) 

This  section  has  no  application  to  a  case  where  the  boundary  lines  between  old 
districts  are  changed.  94  Mo.  612.  When  a  new  district  is  formed,  tax  to  erect  a  school- 
house  must  be  levied  upon  the  whole  of  the  organized  district.  80  Mo.  190.  New  dis- 
trict cannot  maintain  action  for  money  in  the  hands  of  county  treasurer.  18  A.  266. 
When  it  is  proposed  to  surrender  to  the  old  school  district  all  claim  of  the  inhabitants 
of  the  new  district  to  their  share  of  the  school  property  in  the  old  district,  such  facts 
should  be  distinctly  stated  in  the  notices.  74  A.  553. 

The  law  does  not  contemplate  that  a  fund  shall  be  raised  in  excess  of  the  amount ' 
required  to  sustain  the  school  for  the  current  school  year,  therefore  no  provision  is 
made  for  a  division  of  funds  remaining  on  hand  when  a  district  is  divided. 

SEC.  9745.    Valuation  of  property  to  be   divided. — The 

valuation  of  the  said  property  shall  be  made  by  disinterested  freehold- 
ers, non-residents,  to  be  selected  as  follows:  One  shall  be  appointed  by 
each  of  the  boards  of  directors  of  the  interested  districts,  and  those 
thus  appointed  shall  elect  another;  they  shall  proceed  to  determine 
the  valuation,  and  certify  to  the  district  clerks  of  the  interested  dis- 
tricts the  amount  determined  upon.  It  shall  be  the  duty  of  the  district 
clerk  of  the  old  district,  upon  the  receipt  of  said  valuation,  to  cause 
the  amount  thus  certified  to  be  levied  upon  the  property  contained 
within  the  former  limits  of  the  district,  which  shall  be  collected  as 
other  estimates;  and  the  same,  when  collected,  shall  be  paid  to  the 
county  treasurer,  and  by  him  be  placed  to  the  credit  of  the  building 
fund  of  the  new  district.  (K.  S.  1889,  §  7974.) 

A  vote  of  the  qualified  voters  upon  proposition  to  withdraw  from  that  part  of 
the  district  lying  outside  of  their  own  county  was  ineffectual  to  divide  such  district 
when  no  vote  was  taken  to  unite  with  an  adjoining,  or  form  a  separate  district.  78 
Mo.  80. 

It  will  be  observed  that  this  section  makes  it  the  duty  of  the  board  of  directors 
of  each  district  affected  to  appoint  an  appraiser  of  the  school  property  belonging  to  the 
original  district.  In  the  event  of  their  refusal  to  make  the  appointment,  they  may 
be  proceeded  against  by  way  of  mandamus.  "A  freeholder  is  one  who  owns  an  estate  in 
land  or  other  real  property  held  by  a  free  tenure  for  life,  or  for  some  uncertain  period;" 
and  the  persons  selected  to  determine  the  value  of  the  property  in  the  old  district 
must  be  the  owners  of  such  an  estate.  No  one  of  these  can  reside  in  any  district 
affected  by  detachment  of  territory,  nor  in  the  new  district  just  formed. 

SEC.  9746.  Assessment  of  building  fund.  —  The  amount 
levied  by  the  new  district  for  building  purposes,  where  either  or  all  of 
the  parts  of  which  it  is  composed  have  received  their  proportion  of 
the  property  of  the  old  district,  shall  be  divided  proportionately;  and 
those  amounts,  less  the  amounts  thus  received,  shall  be  assessed  and 


10 

collected  from  the  property  included  in  the  limits  of  the  respective 
portions.    (R.  S.  1889,  §  797§.) 

The  raising  of  a  building-  fund,  in  case  of  a  formation  of  the  new  district,  has  no- 
application  where  the  boundary  lines  are  changed.  94  Mo.  612. 

SEC.  9747.  Division  of  districts  lying  in  two  or  more 
counties. — Whenever  any  school  district  or  districts  shall  be  divided 
by  county  lines,  and  a  majority  of  the  qualified  voters  residing  in 
either  fractional  part  thereof  may  desire  to  attach  themselves  to  an 
adjoining  district  within  their  own  county,  or  form  a  separate  district,, 
they  shall  hold  an  election  for  that  purpose,  first  giving  fifteen  days' 
notice  by  posting  up  printed  or  written  hand-bills  in  five  of  the  most 
public  places  in  such  fractional  district,  stating  the  time,  place  and  ob- 
ject of  the  election ;  and  if  a  majority  of  the  votes  cast  at  such  elec- 
tion be  in  favor  of  uniting  themselves  to  an  adjoining  district  in  their 
own  county,  or  forming  a  separate  district,  they  shall  notify  the  dis- 
trict clerks  of  the  districts  interested  of  the  result  of  the  election;  and 
if  it  is  desired  by  such  fractional  district  and  a  portion  of  the  adjoin- 
ing district  to  form  a  new  district,  it  shall  be  the  duty  of  such  adjoin- 
ing district  school  board  to  so  change  their  boundary  lines  as  may  be 
agreeable  to  the  inhabitants  interested  therein,  and  notify  the  county 
clerk  and  county  commissioner  of  the  change  so  made,  but  if  such 
division  cannot  be  so  made  by  the  district  board,  or  if  they  refuse  or 
neglect  to  act  when  notified  of  such  desire,  they  may  appeal  to  the 
county  commissioner,  who  shall  proceed  to  ascertain  the  facts  in  the 
case,  and  locate  the  boundaries  of  such  new  district  as  appears  to  be 
just  and  proper,  and  to  the  best  interest  of  the  inhabitants  interested 
therein — such  new  district  to  be  governed  as  hereinbefore  provided  in 
forming  newr  districts:  Provided,  that  if  a  school-house  has  been 
located  and  built  by  a  district  thus  divided  by  a  county  line,  and  that 
portion  of  the  district  desires  to  withdraw  in  which  the  school-house 
has  been  located  and  built,  they  shall  first  pay  to  the  portion  of  the 
district  situated  in  the  adjoining  county  their  pro  rata  share  of  the 
value  of  such  school-house:  Provided,  that  hereafter  no  new  school 
district  shall  be  formed  divided  by  a  county  line,  except  where  the  por- 
tion of  a  district  sought  to  be  joined  across  the  county  line  is  cut  off 
from  the  district  or  districts  in  the  same  county  by  a  running  stream,, 
which  cannot  easily  be  crossed  by  children  attending  said  school.  (R. 
S.  1889,  §  7976.) 

School  district  lying-  in  two  or  more  counties,  how  divided.    78  Mo.  80. 

While  this  section  authorizes  a  majority  of  the  legal  voters  in  a  fractional  part 
of  a  district  divided  by  a  county  line  to  at  any  time  withdraw  from  the  district  and 
either  form  a  new  district  or  become  attached  to  a  district  in  their  own  county, 
there  are  g-ood  reasons  why  such  division  should  take  place  only  at  the  annual  meet- 
ing, or  within  thirty  days  thereafter.  The  estimate,  enumeration  list,  and  list  of 
tax-payers  are  furnished  the  county  clerk  in  May,  and  all  changes  of  boundary  line 
should  take  place  before  this  is  done. 


11 

Note  that  no  new  district  can  be  legally  formed  that  will  be  divided  by  a  county 
line  except  where  the  portion  sought  to  be  joined  across  the  county  line  is  cut  off 
from  the  district  in  the  same  county  by  a  running  stream  which  can  not  easily  be 
crossed  by  children  attending  the  school.  This  provision  also  applies  to  changes  of 
boundary  line.  There  can  be  no  appeal  to  the  county  commissioner  upon  the  question 
of  joining  territory  to  districts  across  a  county  line. 

SEC.  9748.     First  meeting  of  newly  created  districts.— 

It  shall  be  the  duty  of  the  voters  resident  in  the  territory  embraced 
within  the  limits  of  the  newly  created  district  to  assemble  at  some 
central  point  within  said  district  within  fifteen  days  after  the  forma- 
tion thereof — such  point  to  be  designated  by  notice  posted  in  at  least 
five  public  places  in  said  district,  and  signed  by  two  of  the  resident 
freeholders  therein;  and  such  meeting,  when  assembled,  shall  be  in- 
vested with  the  same  powers,  and  be  conducted  as  prescribed  for  the 
first  annual  district  meeting  held  under  the  provisions  of  this  chapter: 
Provided,  that  the  children  in  such  newly  created  district  shall  have 
the  right  to  attend  school  in  their  original  districts  until  the  thirtieth 
day  of  June  following.  (K.  S.  1889,  §  7977.) 

Notice  for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  according 
to  the  provision  of  this  section.  54  A.  31. 

Upon  complying  with  section  9742,  the  new  district  or  districts  "shall  be  deemed1 
formed."  It  will  therefore  be  observed  that  failure  to  do  the  things  provided  in  this 
section  after  the  formation  of  the  district  would  not  work  a  forfeiture  of  its  organiza- 
tion. While  the  provisions  of  this  section  must  be  complied  with,  yet  the  fifteen  days' 
time  given  therefor  is  merely  declaratory. 

It  is  not  a  condition  to  the  validity  of  the  division  of  a  school  district  that  notice 
for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  in  accordance  with 
the  provisions  of  section  9748  of  the  Revised  Statutes.  The  corporate  existence  of  the 
new  districts  dates  from  the  meeting  whereat  they  were  substituted  for  the  old  dis- 
trict. 54  A.  31. 

SEC.  9749.  Annual  meeting. — The  annual  meeting  of  each 
school  district  shall  be  held  on  the  first  Tuesday  in  April  of  each  year, 
at  the  district  school-house,  commencing  at  2  o'clock  p.  m.  If  no> 
school-house  is  located  within  the  district,  the  place  of  meeting  shall 
be  designated  by  notices,  posted  in  five  public  places  within  the  dis- 
trict, fifteen  days  previous  to  such  annual  meeting,  or  by  notice  for 
same  length  of  time  in  all  the  papers  published  in  the  district.  (K.  S. 
1889,  §  7978.) 

Chairman  of  meeting  not  subject  to  criminal  law  for  rejecting  vote  of  applicant 
for  suffrage.  19  A.  210. 

The  law  fixes  the  time  of  the  annual  meeting  on  the  first  Tuesday  in  April  in 
each  year  at  2  o'clock  p.  m.  All  residents  of  the  district  are  expected  to  take  notice 
of  this  fact.  Those  who  are  present  at  the  hour  named,  and  authorized  to  participate 
in  the  deliberations  may  organize  the  meeting  and  proceed  with  the  order  of  business 
specified  in  section  9750.  Each  item  of  the  order  of  business  may  be  taken  up  and 
disposed  of,  and  those  who  arrive  later  have  no  right  to  complain  that  they  were 
deprived  of  their  right  to  take  part  in  the  business  disposed  of  before  their  arrival. 

SEC.  9750.  Powers  of  the  annual  meeting.— The  qualified 
voters  assembled  at  the  annual  meeting,  when  not  otherwise  provided,, 
shall  have  power  by  a  majority  of  the  votes  cast: 


12 

First — To  organize  by  the  election  of  a  chairman,  and  a  secretary 
who  shall  keep  an  accurate  record  of  the  proceedings  of  the  meeting, 
which,  when  duly  approved  and  attested  by  the  signature  of  the  chair- 
man, the  clerk  shall  enter  upon  the  record  of  the  district. 

Second — To  choose,  by  ballot,  one  director,  who  shall  hold  his 
office  for  the  term  of  three  years,  and  until  his  successor  is  elected 
and  qualified. 

Third— To  fill  vacancies,  if  any,  caused  by  death,  resignation,  re- 
fusal to  serve,  repeated  neglect  of  duty,  or  removal  from  the  district; 
and  the  persons  thus  elected  shall  hold  their  office  for  the  unexpired 
term,  and  until  their  successors  are  elected  and  qualified. 

Fourth — To  determine,  by  ballot,  the  length  of  school  term  in  ex- 
cess of  six  months  that  the  public  schools  of  the  district  shall  be 
maintained  for  the  next  scholastic  year;  also  to  determine  the  rate,  if 
.any,  in  excess  of  forty  cents  on  the  one  hundred  dollars  assessed  valu- 
ation to  be  levied  for  school  purposes,  as  provided  for  in  section  9777. 

Fifth — To  vote  such  a  sum  as  they  may  deem  proper  for  the  pur- 
chase of  books  for  a  district  library. 

Sixth — To  decide  in  favor  of  or  against  any  proposed  change  of 
boundaries,  notice  of  such  change  having  been  posted  in  at  least  five 
public  places  in  each  and  every  district  affected  thereby,  fifteen  days 
previous  to  the  date  of  holding  the  annual  meeting. 

Seventh — To  direct  the  sale  of  any  property  belonging  to  the  dis- 
trict, but  no  longer  required  for  the  use  thereof,  to  determine  the  dis- 
position of  the  same  and  the  application  of  the  proceeds. 

Eighth — To  designate  their  choice,  by  ballot,  for  a  person  to  fill 
the  office  of  county  commissioner. 

Ninth — To  determine,  by  ballot,  the  rate  to  be  levied  upon  the  one 
hundred  dollars  assessed  valuation  necessary  to  purchase  a  site,  erect 
a  school-house  thereon  and  furnish  the  same  as  provided  for  in  sec- 
tion 9778. 

Tenth — To  determine,  in  districts  newly  formed,  or  wherein  no 
school-house  site  has  yet  been  selected,  the  location  thereof,  notice 
having  been  given  fifteen  days  previous  by  posting  hand-bills  in  at 
least  five  public  places  in  said  district,  that  this  matter  would  be  sub- 
mitted to  said  meeting. 

Eleventh — To  change  the  location  of  school-house  site  when  the 
«ame  for  any  cause  is  deemed  necessary :  Provided,  that  in  every  case 
a  majority  vote  of  the  voters  who  are  resident  tax-payers  of  said  dis- 
trict shall  be  necessary  to  remove  a  site  nearer  the  center  of  said  dis- 
trict; but  in  all  cases  to  remove  a  site  further  from  the  center  of  said 


13 

district,  it  shall  require  two  -thirds  of  the  legal  voters  who  are  resident 
tax-payers  of  such  school  district.    (R.  S.  1889,  §  7979.) 

The  powers  of  the  board  of  directors  defined.  48  A.  408;  30  A.  641.  The  powers  con- 
ferred on  the  voters  have  relation  to  the  then  existing  school  year.  27  A.  36. 

Our  supreme  court  has  held  that  school  districts  are  quasi  corporations,  the 
powers  and  duties  of  the  corporators  being  limited  and  prescribed  by  statute.  The 
corporators  are  the  legal  voters  of  the  district,  the  directors  being  chosen  by  them. 
Certain  powers  and  duties  devolve  by  law  exclusively  upon  the  directors,  and  the 
incorporators  cannot  abridge  or  interfere  with  these  powers  and  duties.  In  some  dis- 
tricts the  voters  attempt  to  select  the  teacher  by  a  vote.  The  right  to  select  teachers- 
belongs  exclusively  to  the  board,  and  a  vote  taken  upon  this  proposition  must  be  con- 
sidered by  the  board  as  a  recommendation  only.  It  will  be  observed  that  unless  other- 
wise provided  by  law,  a  proposition  submitted  to  the  annual  meeting  is  determined  by 
a  majority  of  the  votes  cast.  The  chairman  should  not  recognize  a  motion  to  adjourn 
until  all  the  business  for  which  the  meeting  was  convened  has  been  transacted.  The 
law  provides  that  the  meeting  shall  convene  at  2  o'clock  p.  m.  Promptly  at  that 
time  the  legal  voters  may  proceed  to  organize  the  meeting  and  take  up  the  order  of 
business  specified  in  section  9750.  When  the  business  is  completed,  the  meeting  may 
adjourn,  and  voters  who  neglect  to  be  present  have  no  right  to  complain. 

First— The  meeting  is  organized  by  the  election  of  a  chairman  and  secretary. 
These  are  temporary  officers  and  must  not  be  confounded  with  the  president  and 
clerk  of  the  board  of  directors.  The  chairman  presides  during  the  meeting,  putting  all 
motions  and  announcing  the  result.  The  chairman  is  entitled  to  vote  upon  all  proposi- 
tions submitted.  In  case  of  a  tie  vote  the  proposition  or  motion  voted  upon  must  be 
declared  not  carried.  The  secretary  keeps  a  correct  record  of  the  proceedings  of  the 
meeting,  which,  "when  duly  approved  and  attested  by  the  chairman,"  must  be  turned 
over  to  the  district  clerk  to  be  entered  upon  the  district  record. 

Second— Notice  that  the  director  is  to  be  chosen  by  ballot  for  three  years,  and 
that  he  is  to  hold  his  office  "until  his  successor  is  elected  and  qualified."  By  reference 
to  section  9759  we  find,  speaking  of  directors,  "and  shall  hold  their  office  for  the  term 
of  three  years,  and  until  their  successors  are  elected  or  appointed  and  qualified."  Yet, 
in  section  9762,  the  remaining  two  directors  are  authorized  to  appoint  when  a  vacancy 
occurs  in  one  of  the  five  following  ways:  first,  by  death;  second,  resignation;  third, 
refusal  to  serve;  fourth,  repeated  neglect  of  duty;  fifth,  removal  from  the  district. 
Upon  failure  to  elect  a  director  at  the  annual  meeting,  the  remaining  two  members 
cannot  appoint,  but  the  old  director  holds  over  to  the  next  annual  meeting,  unless  the 
outgoing  member  was  appointed.  No  director  (in  an  annual  mass  meeting),  in  a  dis- 
trict with  three  directors,  can  be  elected  unless  he  receives  a  "majority  of  the  votes 
cast."  If,  upon  the  announcement  by  the  chairman  of  the  first  ballot,  no  one  has 
"a  majority  of  the  votes  cast,"  successive  ballots  should  be  taken  till  some  one  does 
receive  such  majority.  When  an  annual  meeting  has  adjourned  after  all  business  has 
been  attended  to,  another  meeting  or  getting  together  can  not  be  had  that  day  or  at 
any  other  day  except  it  be  called  in  accordance  with  section  9780.  The  election  of  a 
director  is  restricted  to  the  annual  meeting  by  section  9759. 

Third.  Filling  of  vacancies.— It  should  be  noted  that  persons  elected  at  the  annual 
meeting  to  fill  vacancies  "hold  their  office  for  the  unexpired  term,  and  until  their 
successors  are  elected  and  qualified,"  while  persons  appointed  by  the  board  under 
section  9762  to  fill  vacancies,  "serve  until  the  next  annual  school  meeting." 

Fourth.  School  term  and  increase  of  levy  for  school  purposes.— Observe  that  the  annual 
meeting,  and  not  the  board  of  directors,  is  authorized  to  determine  the  length  of  school 
term  in  excess  of  six  months.  The  board  of  directors  is  authorized  to  maintain  a  six 
months'  school  without  vote  of  the  annual  meeting,  provided,  of  course,  there  are 
sufficient  funds  therefor.  Item  4  gives  the  annual  meeting^  power  to  determine  the 
length  of  term  "in  excess  of  six  months."  The  proposition  voted  upon  should  be  for 
seven,  eight,  nine  or  ten  months'  school.  No  vote  is  necessary  to  maintain  a  six 
months'  school.  The  school  term  voted  is  for  the  next  year,  beginning  July  1st,  and 
ending  June  30th  following.  It  should  be  noted  that  the  singular  "term,"  and  not  the 
plural  "terms,"  is  employed.  It  is  evidently  the  spirit  of  this  provision  that  the 
entire  length  of  school  term  voted  should  be  taught  in  one  continuous  term  by  the 
•ame  teacher. 


14 

The  board  of  directors  is  authorized,  without  vote  of  the  annual  meeting,  to 
levy  forty  cents  on  the  hundred  dollars  assessed  valuation  for  school  purposes:  that 
is,  for  teachers'  fund  and  incidental  fund.  The  annual  meeting,  however,  is  author- 
ized "to  determine  the  rate,  if  any,  in  excess  of  forty  cents  on  the  hundred  dollars 
assessed  valuation  to  be  levied  for  school  purposes."  The  proposition  voted  on  should 
be,  for  instance,  to  levy  forty-five  cents,  fifty  cents,  or  any  amount  not  exceeding 
sixty-five  cents  on  the  one  hundred  dollars  valuation  for  school  purposes.  Both  the 
Missouri  constitution  and  the  statutes  limit  the  amount  to  be  levied  for  school  pur- 
poses, in  districts  not  formed  of  cities  and  towns,  to  sixty-five  cents  on  the  hundred 
dollars  valuation.  In  districts  formed  of  cities  and  towns,  a  hundred  cents  on  the 
hundred  dollars  valuation  jnay  be  levied  for  school  purposes.  Only  tax-payers  can  vote 
on  the  proposition  to  increase  the  levy  for  school  purposes.  By  reference  to  section 
$777  it  will  be  seen  that  a  vote  upon  this  proposition  is  not  confined  to  the  annual 
meeting,  but  can  be  had  at  any  time  upon  petition  of  five  resident  tax-payers,  or 
when  the  board  of  directors  deems  it  necessary. 

Fifth.  To  vote  sum  for  library.— No  limit  is  placed  upon  the  sum  that  may  be  voted 
toy  the  annual  meeting  for  a  district  library.  Every  district  can  well  afford  to  levy 
live  cents  on  the  one  hundred  dollars  every  year  for  this  purpose.  Judiciously  ex- 
pended, it  will  be  the  best  investment  made.  For  list  of  recommended  books,  see 
course  of  study. 

Seventh.  To  direct  the  sale  of  school  property.— The  annual  meeting  is  here  authorized 
to  direct  the  sale  of  school  property  and  not  to  sell  it;  that  is,  to  authorize  the  board 
of  directors  to  sell  the  property— on  such  conditions  and  under  such  limitations,  of 
course,  as  the  annual  meeting  may  see  fit  to  impose.  It  should  be  observed  also  that 
this  property  is  to  be  "no  longer  required  for  the  use  of  the  district."  It  is  to  be  sup- 
posed, of  course,  that  at  the  same  annual  meeting  at  which  the  sale  of  this  property  is 
directed,  bonds  will  be  voted  for  the  erection  of  school-house  and  furnishing  the  same. 
The  board  of  directors  should  receive  definite  instruction  not  to  dispose  of  the  old 
school-house  till  a  contract  is  entered  into  for  the  building  of  a  new  school-house 
before  the  opening  of  school.  The  money  derived  from  the  sale  of  the  school  property 
should  be  credited  to  the  building  fund  of  the  district. 

Tenth.  Location  of  school-house  site.—  This  applies  to  any  school  district  seeking 
a  school-house  site:  First,  to  a  regular!}'  organized  district  without  a  school-house 
site;  second,  to  districts  just  organized  from  unorganized  territory  (section  9740); 
third,  to  new  districts  formed  at  the  annual  meeting  (section  9742).  The  annual  meet- 
ing must  vote  upon  a  definite  site,  and  not  instruct  the  board  of  directors  to  select 
•a  site.  The  proposition  is  carried  by  a.  majority  of  the  votes  cast.  This1  proposition 
may  be  voted  on  either  at  an  annual  meeting  or  a  special  meeting  called  in  accord- 
ance with  section  9780. 

Eleventh.  To  change  location  of  school-house  site. — In  the  discussion  of  this  section  we 
have  found  one  proposition  (increase  of  levy  for  school  purposes)  that  must  be  decided 
by  tax-payers  as  distinguished  from  qualified  voters.  The  change  of  location  of 
school-house  site  is  a  second  proposition  that  is  determined  by  the  tax-payers  of  the 
district. 

The  Supreme  Court  in  the  114  Mo.  at  page  649  in  speaking  upon  this  statute  said: 
"A  majority  vote  of  the  voters  who  are  resident  tax-payers  of  said  Gistrict  means  a 
majority  of  the  tax-payers  present  and  voting  at  such  election."  See  also'  37  Mo.  270. 

In  the  event  that  the  proposition  submitted  be  to  change  the  site  to  a  point  fur- 
ther from  the  center  of  the  district,  a  two-thirds  vote  of  the  resident  tax-payers  who 
are  legal  voters  present  and  voting  is  sufficient  to  carry  the  proposition.  The  law 
does  not  require  that  two-thirds  of  the  residents  of  the  district  who  are  legal  voters 
and  tax-payers  must  vote  affirmatively  upon  the  proposition  to  carry  it. 

All  propositions  submitted  at  the  annual  meeting,  except  these  two  (increase 
of  levy  for  school  purposes  and  change  of  school-house  site)  can  be  decided  by  the 
qualified  voters;  these  two,  by  tax-payers  only.  For  definition  of  qualified  voter,  see 
section  9759. 

A  tax-payer  is  one  who  holds  in  the  district,  in  his  own  name,  real  or  personal 
property  liable  to  assessment  and  taxation. 

Of  the  eleven  items  of  section  9750,  the  fourth,  sixth,  ninth  and  tenth  require 
notices.  In  the  fourth,  it  is  the  latter  part— increase  of  levy— that  requires  notice. 

The  annual  meeting  cannot  authorize  a  spring  term  of  school  to  be  begun  or  held 


15 

before  the  30th  of  June  next  succeeding;  or,  in  other  words,  it  cannot  extend  the  term 
of  school  voted  by  the  last  annual  meeting.  If  it  is  considered  desirable  to  extend  the 
school  term  beyond  that  voted  by  the  last  annual  meeting,  the  proposition  must  be 
submitted  at  a  special  meeting  called  as  provided  in  section  9780  for  that  purpose. 

The  directors  have  no  power  of  their  own  will  to  select  the  school-house  site.  57 
Mo.  430.  The  chairman  of  a  meeting  of  qualified  voters  of  a  school  district  for  the  elec- 
tion of  a  school  director  is  not  subject  to  the  criminal  law  for  rejecting  a  vote  of  an 
applicant  for  suffrage.  19  A.  210.  No  power  exists  in  a  board  of  public  school  directors, 
without  authority  from  the  voters  of  the  district,  to  rent  buildings  or  rooms  separate 
from  the  district  school-house,  and  to  employ  teachers  for  a  supplemental  school 
therein.  30  A.  641.  Board  has  no  authority  to  borrow  money  to  purchase  school-house 
site.  114  Mo.  641.  Record  of  annual  meeting.  54  A.  31. 

SEC.  9751.  Length  of  school  required. — The  board  shall 
have  power  and  are  required  to  continue  the  public  schools  of  their  dis- 
trict for  a  period  of  six  months  in  each  scholastic  year:  Provided,  a 
tax  of  forty  cents  on  the  one  hundred  dollars  assessed  valuation  of  the 
taxable  property  within  the  district,  together  with  the  moneys  re- 
ceived from  the  public  funds,  shall  be  sufficient  therefor;  and  the 
board  are  hereby  authorized  and  empowered  to  make  out  and  forward 
the  proper  estimate  therefor  without  a  vote  being  had  thereon.  Should 
any  board  neglect  or  refuse  to  comply  with  the  provisions  of  this  sec- 
tion, such  school  district  shall  be  deprived  of  any  part  of  the  public 
school  moneys  for  the  ensuing  school  year,  and  the  county  clerk  shall 
omit  such  district  in  the  apportionment  of  the  public  moneys.  (R.  S. 
1889,  §  7980.) 

The  year  here  spoken  of  is  the  school  year  beginning  July  1st,  and  ending  June 
30th. 

SEC.  9752.  School  loan  —  method  of  voting  —  sale  of 
bonds. — For  the  purpose  of  erecting  school-houses  and  furnishing  the 
same  in  cities,  towns  and  school  districts,  the  board  of  directors  shall 
be  authorized  to  borrow  money,  and  issue  bonds  for  the  payment 
thereof,  in  the  manner  herein  provided.  The  question  of  loan  shall  be 
decided  at  an  annual  school  meeting  or  at  a  special  election  to  be  held 
for  that  purpose.  Notice  of  said  election  shall  be  given  at  least  fifteen 
days  before  the  same  shall  be  held,  by  at  least  five  written  or  printed 
notices  posted  in  five  public  places  in  the  school  district  where  said 
election  shall  be  held,  and  the  amount  of  the  loan  required,  and  for 
what  purposes.  It  shall  be  the  duty  of  the  clerk  to  sign  and  post  said 
notices.  The  qualified  voters  at  said  election  shall  vote  by  ballot. 
Those  voting  in  favor  of  the  loan  shall  have  written  or  printed  on  their 
tickets,  "For  the  loan;"  those  voting  against  the  loan,  the  words 
"Against  the  loan;"  and  if  two-thirds  of  the  votes  cast  shall  be  "for 
the  loan,"  the  district  board  shall  be  vested  with  the  power  to  borrow 
money  in  the  name  of  the  district,  to  the  amount  and  for  the  purpose 
specified  in  the  notices  aforesaid,  subject  to  the  restrictions  of  the  fol- 
lowing section.  When  bonds  are  voted  under  this  section  for  the  erec- 
tion of  one  or  more  school-houses,  to  be  erected  on  the  same  or  different 


16 

sites,  in  districts  whose  board  of  directors  consists  of  three  members, 
said  bonds  shall  not  be  negotiated  by  said  board  until  said  bonds  have 
been  deposited  with  the  county  or  township  treasurer  of  the  county  OP 
township  in  which  said  district  shall  be  situated,  and  upon  the  order 
of  said  board,  and  the  payment  to  the  county  or  township  treasurer  of 
the  amount  agreed  to  be  received  for  the  same  by  said  board  from  the 
persons  loaning  said  money  upon  said  bonds.  The  county  or  township 
treasurer  shall  countersign  said  bonds,  and  deliver  the  same  to  the 
person  or  persons  named  by  said  board  of  directors;  but  no  such  bonds 
shall  be  sold  for  such  an  amount  that  the  net  proceeds,  after  deducting 
expenses  and  commissions  from  the  same,  shall  be  less  than  ninety 
cents  on  the  dollar  of  the  face  value  thereof,  and  all  renewal  funding 
bonds  issued  by  such  districts,  to  be  exchanged  for  outstanding  bonds 
of  said  district,  or  for  the  purpose  of  being  sold  to  raise  sufficient 
funds  to  pay  any  outstanding  bonds  thereof,  shall  not  be  exchanged, 
negotiated  or  sold  by  the  board  of  directors  of  said  districts,  except  as 
above  provided,  and  not  until  the  .purchase  price  thereof,  or  the  bonds 
to  be  exchanged  therefor,  shall  be  turned  over  to  the  county  or  town- 
ship treasurer;  and  said  treasurer  shall  write  or  print  the  words  "paid 
by  renewal  bonds"  across  the  face  of  said  bonds  so  received  in  ex- 
change, and  sign  the  same  before  delivering  the  said  renewal  bonds  to 
said  board.  The  said  county  or  township  treasurer  and  his  sureties 
shall  be  responsible,  on  his  official  bond,  for  all  moneys,  bonds  or  se- 
curities received  by  him  under  this  section.  (R.  S.  1889,  §  7981.) 

No  petition  of  the  voters  of  the  district  is  necessary  to  authorize  the  school 
board  to  call  meeting  for  the  purpose  of  borrowing  money.  114  Mo.  641. 

There  are  two  methods  of  securing  a  building  fund:  (1)  by  a  sale  of  bonds  under 
section  9752;  (2)  by  levy  for  building  purposes,  under  section  9778.  Neither  requires  a 
petition  of  tax-payers  or  voters.  In  either  case,  the  board  of  directors  may  take  the 
initiative.  114  Mo.  641.  Under  section  9778,  the  board  shall  proceed  to  determine  the 
rate  of  taxation  necessary  for  building  purposes  when  "requested  by  petition  of  ten 
tax-payers  of  any  school  district."  Both  sections  apply  to  all  classes  of  school  dis- 
tricts—to city,  town  or  village,  and  to  common-school  districts  with  three  directors. 
Again,  both  the  loan  and  the  levy  for  building  purposes  may  be  voted  upon  at  either 
an  annual  or  special  meeting.  In  both  cases  notice  is  required.  In  both  cases,  to 
carry  the  proposition,  it  is  necessary  that  two-thirds  of  the  qualified  voters  voting  at 
the  election  vote  therefor. 

It  often  happens  that  the  question  of  loan  is  submitted  at  an  election  where 
several  other  questions  are  voted  upon,  and  the  number  of  votes  cast  upon  the  loan 
falls  considerably  short  of  the  number  who  vote  on  the  various  propositions  submitted 
at  the  election.  For  instance,  only  thirty  persons  vote  on  the  question  of  loan,  while 
forty  may  vote  upon  some  other  proposition  submitted  at  the  election.  In  this  case, 
two-thirds  of  the  thirty  votes,  twenty  votes,  would  carry  the  bond  proposition,  instead 
of  two-thirds  of  the  forty  votes  cast  on  other  questions.  The  State  Auditor  registers 
bonds  which  receive  two-thirds  of  the  votes  cast  on  question  of  loan. 

Note  that  section  9752  requires  the  notices  to  state  "the  amount  .of  the  loan  re- 
quired and  for  what  purposes."  School  boards  and  annual  meetings  sometimes  desire 
to  vote  upon  a  loan  smaller  than  that  stated  in  the  notices.  It  is  evident  that  this 
cannot  be  legally  done.  If  so,  why  require  the  amount  stated  in  the  notices?  Again, 
the  tickets  cast  have  on  them  "against  the  loan,"  or,  "for  the  loan."  Against  or  for 


17 

what  loan,  if  not  the  one  stated  in  the  notices?  Again,  if  the  proposition  carries,  the 
board  shall  be  vested  with  the  power  to  borrow  money  "to  the  amount  and  for  the 
purpose  specified  in  the  notices  aforesaid."  To  what  amount,  if  not  the  one  stated  in 
the  notices? 

School  boards  should  be  careful  to  observe  the  provisions  of  section  ,  R.   S. 

1899,  in  negotiation  of  bonds  for  the  purpose  of  building  school-houses,  or  for  any 
other  purposejn  order  that  the  same  may  obtain  validity.  This  section  requires  that 
the  bonds  shall  bear  the  endorsement  of  the  State  Auditor  who  is  entitled  to  receive 
from  the  board  all  the  necessary  certificates  and  copies  of  record  evidencing  a  full 
compliance  with  the  law  governing  their  issuance,  which  evidence  is  to  be  filed  and 
preserved  in  his  office.  Upon  request,  the  State  Auditor  will  furnish  necessary  blanks, 
which  will  enable  the  board  to  carry  out  the  provisions  of  this  section. 

SEC.  9753.  Restrictions  on  loans. — The  loan  authorized  by 
the  preceding  section  shall  not  be  contracted  for  a  longer  period  than 
twenty  years,  and  the  entire  amount  of  said  loan  shall  at  no  time  ex- 
ceed, including  the  present  indebtedness  of  said  district,  in  the  aggre- 
gate, five  per  cent,  of  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  assessment  next  before  the  last  assessment  for 
state  and  county  purposes,  previous  to  the  incurring  of  said  indebted- 
ness, the  rate  of  interest  to  be  agreed  upon  by  the  parties,  but  in  no 
case  to  exceed  the  highest  legal  rate  allowed  by  contract ;  when  effected 
it  shall  be  the  duty  of  the  directors  to  provide  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  said  indebtedness  as  it  falls 
due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the  prin- 
cipal thereof,  within  the  time  said  principal  shall  become  due.  (R.  S. 
1889,  §  7982.) 

Irregularity  in  the  issuing  of  bonds  cannot  affect  an  innocent  holder.    -45  A.  660. 

This  section  imposes  two  restrictions:  Firt,t,  as  to  the  period  for  which  the  loan 
may  be  effected;  and  second,  as  to  the  amount.  The  limitation  on  the  amount  of  the 
loan — five  per  cent,  of  the  value  of  taxable  property — is  a  constitutional  limitation 
(article  X,  section  12,  of  Constitution  of  1875).  "The  highest  legal  rate  of  interest  al- 
lowed by  contract,"  spoken  of  in  this  section,  is  eight  per  cent. 

SEC.  9754.  Renewal  funding  bonds,  issue  of. — The  board 
of  education  of  any  school  district,  organized  under  any  general  or 
special  law  of  this  state,  is  hereby  authorized  to  issue  funding  and  re- 
funding bonds  for  the  district,  to  be  exchanged  for  outstanding  bonds 
of  the  district,  or  sold  for  the  purpose  of  meeting  and  paying  any  ma- 
tured or  maturing  bonded  indebtedness  thereof.  Each  bond  shall  be  of 
the  denomination  of  not  more  than  one  thousand  nor  less  than  one  hun- 
dred dollars,  and  shall  bear  interest  not  to  exceed  eight  per  cent,  per 
annum,  and  such  interest  shall  be  payable  semi-annually,  and  to  this 
end  each  bond  shall  have  semi-annual  coupons  attached  thereto,  and 
be  made  payable  to  bearer :  Provided,  that  no  bonds  issued  under  this 
section  shall  be  payable  in  less  than  five  years  nor  more  than  thirty 
years  from  the  date  thereof,  and  shall  be  payable,  principal  and  inter- 
est, in  the  city  of  St.  Louis  or  the  city  of  New  York,  at  the  option  of  the 

S— 2 


18 

board  of  education,  or  as  may  be  agreed  upon  by  such  board  of  educa- 
tion and  the  purchaser  of  such  bonds.  Such  board  of  education  shall  be 
empowered  to  prepare  and  issue  from  time  to  time  such  number  of  re- 
newal bonds  as  may  be  necessary  for  the  objects  and  purposes  of  this 
law,  and  each  bond  shall  be  signed  by  the  president,  countersigned  by 
the  secretary  or  clerk,  and  authenticated  by  the  seal  of  such  board  of 
education,  if  there  be  one;  and  shall  also  be  attested  by  the  clerk  of  the 
county  court  of  the  county  in  which  such  district  is  located,  and  he 
shall  put  the  seal  of  said  court  on  each  of  said  bonds.  The  secretary  or 
clerk  of  the  board  of  education  shall  keep  a  record  in  the  books  of  the 
school  district  of  all  the  renewal  bonds  that  may  be  issued  by  the 
board  of  education  under  the  provisions  of  this  chapter,  noting  the 
date  when  issued  and  when  due,  and  also  the  number  and  amount  of 
each  bond  so  issued,  and  shall  keep  a  full  record  of  all  transaction 
that  may  be  necessary  for  the  identification  of  such  bonds.  (R.  S. 
1889,  §  7983,  amended,  Laws  1895,  p.  264.) 

School  board  has  authority  to  issue  bonds  to  raise  money  to  build  school-house; 
also,  to  issue  renewal  refunding  bonds.  86  Mo.  401. 

SEC.  9755.     Exchange  and  sale  of  bonds,  no  commission 

allowed. — Boards  of  education  are  empowered  to  exchange  the 
aforesaid  bonds  for  any  bonds  that  may  now  be  outstanding  against 
any  school  district  so  indebted;  but  no  re-renewal  bonds  shall  be  ex- 
changed for  any  outstanding  bond  for  a  sum  less  than  ninety  cents  on 
the  dollar  of  its  face  value.  Said  boards  of  education  shall  also  be 
empowered  to  sell  such  renewal  bonds  for  cash  if,  in  their  judgment, 
it  will  be  to  the  interest  of  such  school  district;  but  no  commission 
shall  be  allowed  or  cost  incurred  in  the  exchange  or  sale  of  said  bonds 
which  will  reduce  the  net  proceeds  of  the  same  to  a  less  amount  than 
ninety  cents  on  the  dollar,  and  all  sums  of  money  realized  from  the 
sale  of  said  renewal  bonds  shall  be  used  in  the  redemption  of  out- 
standing bonds  of  the  school  district.  (R,  S.  1889,  §  7984.) 

SEC.  9756.  Redeemed  bonds  to  be  destroyed. — Whenever 
any  bonds  shall  be  redeemed,  as  provided  for  in  this  chapter,  such 
bonds  shall  be  burned  in  the  presence  of  a  majority  of  the  members  of 
the  board  of  education  and  two  other  credible  persons  as  witnesses  of 
the  fact,  and  the  secretary  or  clerk  of  the  board  of  education  shall 
record  in  the  books  of  the  school  district  a  description  of  the  bonds  so 
destroyed,  by  noting  the  date  when  issued  and  when  due,  and  the  num- 
ber and  amount  of  each  of  said  bonds,  and  specify  what  members  of 
the  board  of  education,  and  who  as  witnesses,  were  present  at  the  burn- 
ing of  said  bonds.  (R.  S.  1889,  §  7985.) 

Bonds  due  in  twenty  years,  but  redeemable  after  five  years,  are  negotiable.  75 
A.  159. 


19 

SEC.  9757.  Tax  levy  for  sinking  fund. — Boards  of  education 
•are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax,  not 
to  exceed  two-fifths  of  one  per  cent,  upon  all  the  taxable  property  of 
the  school  district  at  its  assessed  valuation,  said  tax  to  be  levied  and 
collected  in  the  same  manner  as  other  taxes  for  school  purposes;  and 
the  money  arising  from  said  tax  shall  constitute  a  sinking  fund,  and 
shall  be  used  only  for  the  redemption  of  any  outstanding  bonds  of  such 
district:  Provided,  that  if  such  outstanding  bonds  cannot  be  obtained, 
then  such  money  shall  be  invested  in  United  States  bonds  or  bonds  of 
the  state  of  Missouri,  or  if  at  any  time  the  board  of  education  deem  it 
advisable,  they  may  loan  such  money  at  the  same  rate  of  interest,  and 
in  the  same  manner  and  subject  to  the  same  restrictions  as  to  security, 
as  the  township  school  funds  are  loaned,  until  such  time  as  said  out- 
standing bonds  can  be  obtained.  (K.  S.  1889,  §  7986.) 

A  note  promising  in  the  future  to  pay  a  school  district  a  sum  of  money  for  the 
establishment  of  a  library  is  not  without  consideration.  138  Mo.  672. 

SEC.  9758.  Tax  levy  for  annual  interest. — Boards  of  edu- 
cation are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax 
upon  all  the  taxable  property  of  the  school  district  at  its  assessed  valu- 
ation, said  tax  to  be  levied  and  collected  as  other  taxes  for  school  pur- 
poses— said  tax  to  be  sufficient  in  amount  to  pay  the  annual  interest 
on  all  bonds  of  their  respective  districts,  and  to  pay  for  the  printing  or 
engraving  of  any  bonds  that  may  be  issued  by  virtue  of  this  chapter. 
(K.  S.  1889,  §  7987.) 

Officers  of  corporation  in  possession  of  their  offices  are  presumed  to  be  regularly 
elected  and  entitled  to  hold  until  contrary  be  shown.  44  Mo.  154.  A  person  derives  his 
title  to  an  office  by  his  election.  44  Mo.  223.  Official  character  of  school  directors, 
how  proven.  27  Mo.  251. 

SEC.  9759.  Directors,  qualifications  of,  how  and  by 
whom  elected. — The  government  and  control  of  the  district  shall  be 
vested  in  a  board  of  directors  composed  of  three  members  who  shall  be 
citizens  of  the  United  States,  resident  tax-payers  and  qualified  voters 
of  the  district,  and  who  shall  have  paid  a  state  and  county  tax  within 
one  year  next  preceding  his  or  their  election.  Said  directors  shall  be 
chosen  by  the  qualified  voters  of  the  district  at  the  time  and  in  the 
manner  prescribed  in  section  9749,  and  shall  hold  their  office  for  the 
term  of  three  years,  and  until  their  successors  are  elected  or  appointed 
and  qualified,  except  those  elected  at  the  first  annual  meeting  held  in 
the  district  under  the  provisions  of  this  chapter,  whose  term  of  office 
shall  be  for  one,  two  and  three  years  respectively.  A  qualified  voter 
within  the  meaning  of  this  chapter  shall  be  any  person  who,  under  the 
general  laws  of  this  state,  would  be  allowed  a  vote  in  the  county  for 
state  and  county  officers,  and  who  shall  have  resided  in  the  district 


20 

thirty  days  next  preceding  the  annual  or  special  meeting  at  which  he 
offers  to  vote.    (R,  S.  1889,  §  7988.) 

A  director  must  be  a  citizen  of  the  United  States,  either  naturalized  or  native 
born,  a  resident  tax-payer  and  qualified  voter  of  the  district,  and  shall  have  paid  a 
State  and  county  tax  within  one  year  next  preceding  his  election. 

The  following  portion  of  the  definition  of  a  qualified  voter  may  not  be  plain: 
"A  qualified  voter  within  the  meaning  of  this  chapter  shall  be  any  person  who,  under 
the  general  laws  of  this  state,  would  be  allowed  to  vote,"  etc.  Who  are  "allowed  a  vote 
under  the  general  laws  of  this  State?"  Article  8,  section  2  of  the  Constitution  settles 
this:  "Every  male  citizen  of  the  United  States,  and  every  male  person  of  foreign 
birth  who  may  have  declared  his  intention  to  become  a  citizen  of  the  United  States 
according  to  law,  not  less  than  one  year  nor  more  than  five  years  before  he  offers  to 
vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the  following  qualifications, 
shall  be  entitled  to  vote  at  all  elections  by  the  people:  (1)  He  shall  have  resided  in 
the  State  one  year  immediately  preceding  the  election  at  which  he  offers  to  vote; 
(2)  he  shall  have  resided  in  the  county,  city  or  town  where  he  shall  offer  to  vote  at 
least  sixty  days  immediately  preceding  the  election." 

SEC.  9760.  Oath  of  directors. — The  directors  shall,  within 
four  days  after  their  election  or  appointment,  take  and  subscribe  an 
oath  or  affirmation  to  faithfully  and  impartially  discharge  the  duties 
of  their  office,  which  oath  may  be  administered  by  each  other;  and  the 
district  clerk  shall  enter  the  same,  with  the  date  thereof,  upon  the  rec- 
ords of  the  district.  And  the  oath  administered  shall  be  as  follows: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  state  of  Missouri,  and  that  I  will  faithfully  and 

impartially  discharge  the  duties  of  school  director  in  and  for  district  No.  ,  township 

No.  ,  range  No.  ,  county  of ,  state  of  Missouri,  to  the  best  of  my  ability, 

according  to   law,   so  help   me   God. 


Sworn  to  and  subscribed  before  me  this  day  of  ,  19—. 


(R.  S.  1889,  §  7989.) 

It  is  not  sufficient  in  administering  the  oath  of  office  to  a  newly  elected  director 
that  it  be  done  orally.  The  oath  should  be  written  or  printed  in  the  form  given  in 
this  section,  and  signed  by  the  person  or  persons  to  whom  the  same  is  being  admin- 
istered. It  should  also  bear  the  signature  of  the  person  administering  the  same,  under 
the  proper  date  thereof.  While  this  section  provides  that  the  oath  may  be  adminis- 
tered by  the  members  of  the  board,  this  does  not  preclude  the  idea  that  it  may  also 
be  taken  before  any  officer  authorized  to  administer  an  oath. 

SEC.  9761.  Organization  of  board.  —  The  directors  shall 
meet  within  four  days  after  the  annual  meeting,  at  some  place  within 
the  district,  and  organize  by  electing  one  of  their  number  president; 
and  the  board  shall,  on  or  before  the  fifteenth  day  of  July,  select  a 
clerk,  who  shall  enter  upon  his  duties  on  the  fifteenth  day  of  July,  but 
no  compensation  shall  be  allowed  such  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  A  majority  of 
the  board  shall  constitute  a  quorum  for  the  transaction  of  business: 
Provided,  each  member  shall  have  due  notice  of  the  time,  place  and 
purpose  of  such  meeting;  and  in  case  of  the  absence  of  the  clerk,  one  of 
the  directors  may  act  temporarily  in  his  place.  The  clerk  shall  keep  a 
correct  record  of  the  proceedings  of  all  the  meetings  of  the  board.  No 


member  of  the  board  shall  receive  any  compensation  for  performing 
the  duties  of  a  director.  (R.  S.  1889,  §  7990.) 

President  of  board  is  empowered  to  call  special  meetings  and  the  only  requisite 
is,  that  each  member  has  notice  of  time  and  place.  59  A.  580. 

By  organization  is  meant  election  of  officers.  The  directors  should  meet  within 
four  days  after  the  annual  meeting— that  is,  before  the  close  of  the  week  in  which 
the  election  is  held,  and  organize  by  the  election  of  a  president.  The  clerk  need  not  be 
elected  until  later,  as  he  does  not  enter  upon  the  duties  of  his  office  until  July  15th. 
The  president  must  be  a  member  of  the  board.  The  clerk  may  or  may  not  be  a  mem- 
ber of  the  board.  The  board  should,  after  organization,  fix  the  date  of  holding  regular 
meetings  of  the  board— that  is,  on  the  last  Saturday  of  each  month,  or  some  other 
date  that  may  seem  most  convenient.  After  the  date  of  holding  regular  meetings  has 
been  fixed,  it  is  the  duty  of  each  member  of  the  board  to  attend  such  meetings  with- 
out notice.  Special  meetings  of  the  board  may  be  called  as  provided  in  section  9766. 

I  desire  to  call  especial  attention  to  one  provision  of  this  section— the  one  provid- 
ing that  no  compensation  shall  be  allowed  the  district  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  At  the  meeting  of  the  board 
at  which  the  clerk  is  elected  his  compensation  should  be  fixed  by  an  order  of  the 
board.  The  law  clearly  contemplates  that  the  compensation  should  not  be  paid  until 
the  end  of  the  school  year  and  until  the  board  is  satisfied  that  all  reports  have  been 
made  and  filed.  The  report  usually  neglected  is  that  to  the  county  commissioner  re- 
quired by  section  9784.  A  reasonable  compensation  should  be  paid  the  district  clerk, 
and  he  should  be  selected  solely  with  reference  to  his  qualifications  for  the  position. 
In  many  of  the  country  districts  the  board  of  directors  meet  for  organization  on  the 
same  day  and  immediately  after  adjournment  of  the  annual  meeting. 

SEC.  9762.  Vacancy  in  directory,  how  filled.— If  a  va- 
cancy occur  in  the  office  of  director,  by  death,  resignation,  refusal  to 
serve,  repeated  neglect  of  duty  or  removal  from  the  district,  the  re- 
maining directors  shall,  before  transacting  any  official  business,  ap- 
point some  suitable  person  to  fill  such  vacancy;  but  should  they  be  un- 
able to  agree,  or  should  there  be  more  than  one  vacancy  at  any  one 
time,  the  county  commissioner  shall,  upon  notice  of  such  vacancy  or 
vacancies  being  filed  with  him  in  writing,  immediately  fill  the  same  by 
appointment,  and  notify  said  person  or  persons  in  writing  of  such  ap- 
pointment; and  the  person  or  person  appointed  under  the  provisions  of 
this  section  shall  comply  with  the  requirements  of  section  9760,  and 
shall  serve  until  the  next  annual  school  meeting.  (R.  S.  1889,  §  7991.) 

This  section  applies  to  districts  organized  under  the  provisions  of  the  city,  town 
and  village  schools  act,  as  well  as  to  country  districts.  When  a  vacancy  occurs  from 
any  of  the  causes  prescribed  in  this  section,  it  must  be  filled  before  transacting  any 
official  business.  Any  member  may  be  cited  to  appear  before  the  board  of  directors 
and  show  cause  why  his  office  should  not  be  declared  vacant  on  account  of  repeated 
neglect  of  duty.  If  it  shall  be  held  by  a  majority  of  the  board  that  such  member  is 
guilty  of  repeated  neglect  of  duty,  or  if  such  member  fails  to  appear  in  obedience  to 
notice,  his  office  may  be  by  them  declared  vacant,  and  some  person  qualified  therefor 
may  then  be  appointed  by  them  to  fill  such  vacancy  until  the  next  annual  meeting. 

SEC.  9763.     Care  of  property  and  purchase  of  material. 

The  board  of  directors  shall  have  the  care  and  keeping  of  the  school- 
house  and  other  property  belonging  to  the  district,  except  such  as  may 
be  especially  confided  to  the  district  clerk.  They  shall  provide  the  nec- 
essary globes,  maps  and  other  apparatus  for  the  school-room,  shall 
keep  the  house  in  good  condition  and  repair  during  the  period  a  school 


22 

shall  be  taught  therein,  as  well  as  the  out-houses  belonging  thereto 
and  the  grounds  comprising  the  site  therefor,  provide  fuel  and  other 
material  necessary  for  the  use  of  the  school,  and  the  floors  shall  be 
swept  and  fires  made  at  the  expense  of  the  district,  and  shall  cause  an 
accurate  account  of  the  expense  thereof  to  be  kept,  and  submit  a  re- 
port of  the  same  at  the  ensuing  annual  meeting.  Nothing  in  this  sec- 
tion shall  be  so  construed  as  to  prevent  the  use  of  any  school-house  for 
religious,  literary  or  other  public  purposes,  or  for  the  meeting  of  any 
farmer  or  labor  organization  or  society  for  educational  purposes, 
whether  the  same  be  secret  or  otherwise,  when  such  use  shall  be  de- 
manded by  a  majority  of  the  voters  of  such  district  voting  at  any  an- 
nual or  special  meeting  where  such  question  was  submitted:  Provided, 
hoivever,  that  when  the  use  of  the  school-house  is  allowed  for  the  above 
named  purposes,  it  shall  be  the  duty  of  the  party  or  parties  using  it  to 
keep  it  clean  and  in  good  repair,  and  to  leave  it  in  as  good  condition 
as  it  was  when  they  took  charge  of  it:  Provided,  further,  that  should  the 
party  or  parties  so  using  the  same  school-house  fail  to  comply  with  the 
provisions  of  this  act,  the  directors  of  such  district  may  refuse  them 
further  use  of  it  until  said  provisions  are  complied  with.  (R.  S.  1889, 
§  7992,  amended,  Laws  1891,  p.  215.) 

Where  furniture  of  school  district  remains  in  school-house  and  the  key  In  posses- 
sion of  the  trustees,  they  are  in  possession  of  school-house.  27  Mo.  251.  Board  of 
directors  cannot  authorize  school-house  to  be  used  for  purpose  of  teaching  a  Sunday 
school.  67  Mo.  301.  Directors  acting  separately  and  apart  cannot  bind  district.  67 
Mo.  319.  Acts  of  directors  to  bind  corporation  must  be  done  in  their  official  capacity. 
26  Mo.  102.  Proceedings  of  board  of  school  directors  must  be  shown  by  their  record. 
48  A.  408.  No  action  can  be  maintained  against  school  district  upon  an  order  drawn 
upon  treasurer  by  one  or  more  of  the  directors  of  the  district.  67  Mo.  319.  Board  has 
power  to  make  contracts  for  sweeping  school-house  and  making  fires.  60  A.  372;  28 
A.  169.  By  this  section  the  board  has  full  care  of  the  school  buildings  and  all  other 
property  belonging  to  the  district,  and  is  empowered  and  directed  to  provide  all  neces- 
sary supplies,  keep  the  house  in  good  repair  and  cause  the  floors  to  be  swept  and 
fires  made  at  the  expense  of  the  district.  Under  supplies  the  board  may  purchase  out 
of  the  incidental  funds  a  small  amount  of  supplementary  reading  which  is  as  neces- 
sary to  the  success  of  the  school  as  black-boards  and  crayon,  and  more  necessary  than 
maps  and  charts. 

In  exercising  their  right  to  enter  into  contracts  binding  upon  the  district,  the 
board  of  directors  is  confined  to  the  manner  and  the  conditions  required  by  the  terms 
of  the  statute.  The  purpose  of  these  requirements  is  that  the  terms  of  the  contract 
shall  in  no  essential  particular  be  left  in  doubt,  or  to  be  determined  at  some  other 
time.  If  a  person  can,  without  such  contract,  bind  the  district  impliedly  for  the 
value  of  his  services,  he  would  defeat  the  purpose  of  the  legislature  in  enacting  the 
law. 

The  law  will  not  make  that  valid  without  writing  which  it  requires  to  be  in 
writing.  30  A.  456. 

The  teacher  has  no  more  power  to  employ  a  janitor  than  he  has  to  repair  the 
school-house  or  provide  fuel  at  the  expense  of  the  district.  If  in  consequence  of  the 
neglect  of  these  duties  by  the  board  the  teacher  cannot  carry  on  his  school  for  the 
term,  the  district  would  not  be  exonerated  from  liability  to  the  teacher  for  his  wages 
under  the  contract.  The  fault  not  being  his,  he  would  be  entitled  to  full  pay.  60  A. 


23 

"No  power  exists  in  the  board  of  school  directors  to  rent  buildings  or  rooms 
separate  from  the  school-house  and  employ  a  teacher  for  a  supplementary  school 
therein."  50  A.  39. 

Boards  of  school  directors  should  be  careful  to  see  that  the  provisions  of  this 
section  are  properly  complied  with  when  the  school  building  is  allowed  to  be  used  for 
other  than  school  purposes,  for  fear  of  vitiating  their  insurance. 

Board  of  directors  has  right  under  certain  circumstances  to  reject  any  and  all 
bids,  and  no  action  for  damages  arises.  122  Mo.  61. 

SEC.  9764.    Rules  and    regulations    and    admission  of 

non-resident  pupils. — The  board  shall  have  power  to  make  all 
needful  rules  and  regulations  for  the  organization,  grading  and  gov- 
ernment in  their  school  district — said  rules  to  take  effect  when  a  copy 
of  the  same,  duly  signed  by  order  of  the  board,  is  deposited  with  the 
district  clerk,  whose  duty  it  shall  be  to  transmit,  forthwith,  a  copy  of 
the  same  to  the  teachers  employed  in  the  schools;  said  rules  may  be 
amended  or  repealed  in  like  manner.  They  shall  also  have  the  power 
to  suspend  or  expel  a  pupil  for  conduct  tending  to  the  demoralization 
of  the  school,  after  notice  and  a  hearing  upon  charges  preferred,  and 
may  admit  pupils  not  residents  within  the  district,  and  prescribe  the 
tuition  fee  to  be  paid  by  the  same :  Provided,  that  orphan  children,  or 
any  children  bound  as  apprentices  and  all  children  whose  parents  do 
not  contribute  to  their  support,  shall  have  the  privilege  of  attending 
school  in  any  district  in  the  state  of  Missouri  in  which  they  may  find  a 
permanent  or  temporary  home,  without  paying  a  tuition  fee:  Provided, 
further,  that  any  person  who  resides  in  a  district  in  which  only  the 
studies  enumerated  in  section  9798  are  taught,  and  who  pays  a  school 
tax  in  a  city,  town  or  village  school  district  in  which  a  school  of  a 
higher  grade  is  established,  shall  be  entitled  to  send  his  or  her  children 
to  such  higher  grade  school,  and  receive  a  credit  on  the  amount 
charged  for  tuition  to  the  amount  of  such  school  tax.  (K.  S.  1889,  § 
7993,  amended,  Laws  1895,  p.  265,  amended,  Laws  1897,  p.  229.) 

When  pupil  is  released  and  sent  back  to  his  home,  neither  teacher  nor  directors 
have  authority  to  follow  him  thither  and  govern  his  conduct  while  under  the  parental 
eye.  66  Mo.  286.  Teacher  can  punish  pupils  for  quarreling  on  their  way  home.  85  Mo. 
485.  Power  of  school  board  to  make  rules.  71  Mo.  628.  A  minor  who  is  neither  an 
orphan  nor  an  apprentice  and  whose  parents  reside  without  the  school  district,  is  not 
entitled  to  attend  the  public  school  without  paying  tuition  fee,  although  having  a  home 
more  or  less  permanent  in  the  district.  30  A.  285. 

By  this  section  boards  of  school  directors  are  empowered  to  adopt  needful  and 
reasonable  rules  for  the  grading  and  government  of  the  schools  in  their  district.  In 
the  absence  of  rules  being  furnished  by  the  board,  the  teacher  may  adopt  such  rules 
and  punish  pupils  for  infractions  of  same.  This  applies  with  equal  force  to  the  adop- 
tion and  use  of  course  of  study. 

The  power  to  suspend  or  expel  a  pupil  belongs  exclusively  to  the  board  of  di- 
rectors. Before  this  power  can  be  exercised  the  accused  must  be  furnished  a  copy  of 
the  charges  preferred  and  be  granted  an  opportunity  to  defend  himself  against  such 
charges. 

The  power  to  suspend  or  expel  a  pupil  can  in  no  wise  be  exercised  by  the 
teacher;  neither  can  the  board  delegate  this  power  to  the  teacher.  Many  teachers 
practice  sending  pupils  home  temporarily,  i.  e.,  suspending  them.  This  practice  is 
clearly  illegal. 


24 

This  section  provides  that  children  whose  parents  do  not  contribute  to  their 
support  may  attend  school  without  payment  of  tuition  in  any  district  in  which  such 
children  may  find  a  permanent  or  temporary  home. 

The  board  is  authorized  to  admit  non-resident  pupils  and  prescribe  the  tuition 
to  be  paid  by  same,  and  the  board  may  admit  to  the  schools  persons  over  twenty  years 
of  age  on  payment  of  tuition  just  as  non-residents  are  admitted. 

Where  a  person  residing-  in  one  school  district  sends  to  school  in  another  district 
in  which  he  pays  a  school  tax,  how  to  obtain  credit  on  tuition.  18  A.  523.  Courts 
have  no  power  to  prescribe  what  shall  or  shall  not  be  taught  in  the  public  schools. 
The  term  common  school  means  schools  open  and  public  to  all,  rather  than  of  a 
definite  grade.  7  A.  566;  77  Mo.  484. 

A  resident  of  a  school  district  is  not  entitled  to  attend  the  public  schools  of  the 
district,  unless  he  is  within  the  age  limited  by  the  constitution,  namely,  between  the 
ages  of  six  and  twenty  years.  61  A.  407. 

SEC.  9765.  Contagious  diseases.— It  shall  be  unlawful  for 
any  child  to  attend  any  of  the  public  schools  of  this  state  while  af- 
flicted with  any  contagious  or  infectious  disease,  or  while  liable  to 
transmit  such  disease  after  having  been  exposed  to  the  same.  For  the 
purpose  of  determining  the  diseased  condition,  or  the  liability  of 
transmitting  such  disease,  the  teacher  or  board  of  directors  shall  have 
power  to  require  any  child  to  be  examined  by  a  physician  or  physicians, 
and  to  exclude  such  child  from  school  so  long  as  there  is  any  liability 
of  such  disease  being  transmitted  by  the  same.  A  refusal  on  the  part 
of  the  parent  or  guardian  to  have  an  examination  made  by  a  physician 
or  physicians,  at  the  request  of  the  teacher  or  board  of  directors,  will 
authorize  the  teacher  or  board  of  directors  to  exclude  such  child  from 
school;  and  any  parent  or  guardian  who  shall  persist  in  sending  a 
child  to  school,  after  having  been  examined  as  provided  by  this  section, 
and  found  to  be  afflicted  with  any  contagious  or  infectious  disease,  or 
liable  to  transmit  the  same,  or  after  having  refused  to  have  such  child 
examined  as  herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  punished  by  fine  of  not  less  than  five  nor 
more  than  one  hundred  dollars.  (K.  S.  1889,  §  7994.) 

School  boards  have  authority  to  make  rules  for  the  government  of  their  schools 
and  as  such  have  the  right  to  require  children  in  attendance  to  be  vaccinated,  if 
deemed  necessary  by  such  board  to  prevent  the  transmission  or  spread  of  a  contagious 
disease,  and  may  exclude  all  pupils  who  refuse  to  comply  with  such  requirement. 
62  A.  8. 

SEC.  9766.  Employment  of  teachers.  —  The  board  shall 
have  power  at  a  regular  or  special  meeting  to  contract  with  and  em- 
ploy legally  qualified  teachers  for  and  in  the  name  of  the  district;  all 
special  meetings  shall  be  called  by  the  president,  and  each  member 
notified  of  the  time,  place  and  purpose  of  the  meeting.  The  contract 
shall  be  made  by  order  of  the  board;  shall  specify  the  number  of 
months  the  school  is  to  be  taught  and  the  wages  per  month  to  be  paid; 
shall  be  signed  by  the  teacher  and  the  president  of  the  board,  and  at- 
tested by  the  clerk  of  the  district  when  the  teacher's  certificate  is 
filed  with  said  clerk,  who  shall  return  the  certificate  to  the  teacher  at 


25 

the  expiration  of  the  term ;  the  certificate  must  be  in  force  for  the  full 
time  for  which  the  contract  is  made.  The  board  shall  not  employ  one 
of  its  members  as  teacher,  nor  shall  the  teacher  serve  as  clerk  of  the 
district.  All  transactions  of  the  board  under  this  section  must  be 
recorded  by  and  filed,  with  the  district  clerk.  (R.  S.  1889,  §  7995.) 

Board  has  no  power  to  contract  for  services  of  teacher  after  their  successors  in 
the  school  board  have  been  elected  and  qualified.  51  Mo.  21.  Members  of  school  board 
wantonly  obstructing  a  teacher  in  the  discharge  of  his  duty,  are  individually  liable 
therefor.  55  Mo.  149.  An  order  of  school  board  entered  of  record  to  employ  teacher 
will  be  sufficient  to  constitute  contract  though  no  written  contract  be  entered  into. 
63  Mo.  137;  see  28  A.  169.  School  board  has  no  power  to  discharge  teacher,  but  when 
his  certificate  is  revoked  he  is  disqualified  from  further  teaching  in  public  schools 
in  that  county.  78  Mo.  226;  19  A.  462.  Directors  cannot  abandon  contract  made  with 
a  teacher  because  there  is  not  sufficient  funds  in  the  treasury  to  pay  him.  30  A.  113- 
Directors  have  no  power  to  rent  building  for  school  purposes  without  consent  of  voters, 
of  district.  30  A.  641.  Where  school  board  meets  and  regularly  employes  teacher  and: 
and  orders  clerk  to  make  contract  with  her  it  is  the  duty  of  president  of  board  to  sign 
such  contract.  50  A.  65.  Not  necessary  that  teacher  have  certificate  that  reaches  to> 
end  of  term,  for  which  she  is  employed,  provided  that  during  the  term  she  has  proper 
certificate.  50  A.  65.  Teacher's  contract  with  directors  need  not  be  in  duplicate  nor 
filed  with  district  clerk.  70  A.  624. 

The  employment  of  teachers  is  one  of  the  powers  vested  exclusively  in  the  board! 
of  directors.  In  some  districts  the  voters  attempt  to  dictate  by  a  vot.e  who  shall  be 
employed  as  teacher,  or  the  wages  to  be  paid.  There  is  no  authority  for  a  vote  upon 
either  proposition;  therefore,  the  board  is  not  bound  by  such  action.  A  teacher  may  be 
employed  at  either  a  regular  or  special  meeting  of  the  board.  Regular  meetings  of  the 
board  are  those  held  at  stated  times,  and  it  is  the  duty  of  each  member  of  the  board', 
to  attend  such  meeting  without  notice.  Special  meetings  of  the  board  should  be  called 
by  the  president,  each  member  being  notified  of  the  time,  place  and  purpose  of  the 
meeting,  but  in  the  event  of  his  failure  to  call  such  meeting  when  the  business  of  the 
district  requires  that  a  meeting  shall  be  held,  the  meeting  may  be  called  by  the 
orther  members  of  the  board  and  the  president  notified  of  the  time,  place  and  purpose 
of  the  meeting. 

The  contract  must  be  made  by  order  of  the  board.  Individual  members  of  the 
board  acting  separately  cannot  bind  the  district.  When  a  teacher  has  been  elected, 
the  district  record  should  show  the  name  of  the  teacher,  the  number  of  months  the 
school  is  to  be  taught,  and  the  wages  per  month  to  be  paid.  An  order  should  also 
be  entered  directing  the  president  and  clerk  to  enter  into  written  contract  with  the 
teacher.  It  then  becomes  the  duty  of  the  president  of  the  board  to  sign  such  con- 
tract, and  he  may  be  removed  from  office  for  a  refusal  to  do  so.  Upon  two  points  the 
law  specifically  requires  that  the  contract  shall  be  definite;  the  number  of  months 
the  school  is  to  be  taught  and  the  wages  per  month  to  be  paid.  A  contract  for  five 
months,  or  longer,  provided  there  is  sufficient  money  to  maintain  a  longer  term,  is 
only  valid  for  five  months.  In  some  Districts  a  contract  is  made  with  the  teacher  at 
so  much  per  month  and  wl^atevtr  tuition  he  may  collect.  This  is  a  plain  violation  of 
law.  The  tuition  *ees  must  be  collected  and  turned  into  the  treasury  to  the  credit 
of  the  teacher*  fund.  »  '•  •  t*  • 

Complaint  is  sometimes  made  by  teachers  that  they  have  been  regularly  em- 
ployed, the  district  record  showing  such  ^employment,  but  that  through  some  neglect 
the  congac*  was  not  dr^wn  and  the  members  of  their  board  ha,vtyg,  f £r  some  reason, 
:hanged^heir^ninds,  rescinCPtheir  former  action  and  empl»y*another  teacher.  This  is 
an  injustic^  t>A  the 'person  first  employed,  but  he  has  no  remedy,  as  the  Contract  is 
not  bind£ig  on  the  distric^uptil  it  is*  m^de  in  writing  and  signed.  However,  sHould  the 
teacher  perform  services  for  the'  district  he  may  recover  compensation  foi»  such 
-vices,  even  though  no  written  contract  existed.  A  teacher  cannot  'legally  enter 
into  a  contract  tooteach  without  being  in  possession  of  a  certificate  issued  by  lawful 
athority.  If  such  certificate  expires  before  the 'end  of  the  term  contracted  for,  it 
must  be  renewed  at  expiration. 

*  •- 


26 

A  contract  for  the  employment  of  a  teacher  may  be  recovered  upon,  though  not 
in  writing.  63  Mo.  137.  The  local  directors  of  a  school  district  have  no  authority  to 
dismiss  a  teacher  therein,  unless  for  good  and  sufficient  cause  shown.  55  Mo.  149.  A 
board  of  school  directors  have  no  power  to  contract  for  the  services  of  a  teacher 
after  their  successors  in  the  school  board  have  been  elected  and  qualified.  51  Mo.  21. 
A  teacher  does  not  forfeit  any  right  under  his  contract,  or  under  the  law,  by  failing 
to  make  monthly  reports,  when  by  action  of  the  directors  the  school  has  been  closed. 
30  A.  113;  28  A.  169;  see  24  A.  213.  The  school  commissioner  should  revoke  a  teacher's 
certificate  for  incompetency  or  immorality;  the  board  cannot  discharge  a  teacher  for 
said  causes  until  his  certificate  is  revoked.  19  A.  462;  78  Mo.  226.  Must  teach  in  district 
school-house.  30  A.  641. 

In  absence  of  evidence,  that  meeting  was  not  regularly  called,  it  will  be  presumed 
the  meeting  was  regular.  59,  A.  580. 

Where  a  school  board  meets  and  proceeds  regularly  to  employ  a  teacher  and 
orders  its  clerk  to  make  the  contract,  it  is  the  duty  of  the  president  of  the  board 
to  sign  such  contract  regardless  of  his  view  of  the  propriety  of  such  action  and  his 
failure  to  sign  the  contract  will  not  invalidate  it.  50  A.  66. 

SEC.  9767.  Contract  construed. — The  contract  required  in 
the  preceding  section  shall  be  construed  under  the  general  law  of  con- 
tracts, each  party  thereto  being  equally  bound  thereby.  Neither  party 
shall  suspend  or  dismiss  a  school  under  said  contract  without  the  con- 
sent of  the  other  party.  The  board  shall  have  no  power  to  dismiss  a 
teacher;  but  should  the  teacher's  certificate  be  revoked,  said  contract 
is  hereby  annulled.  The  faithful  execution  of  the  rules  and  regulations 
furnished  by  the  board  shall  be  considered  as  part  of  said  contract: 
Provided,  said  rules  and  regulations  are  furnished  to  the  teacher  by  the 
board  when  the  contract  is  made.  Should  the  teacher  fail  or  refuse  to 
comply  with  the  terms  of  the  contract,  or  to  execute  the  rules  and  reg- 
ulations of  the  board,  the  board  may  refuse  to  pay  said  teacher — after 
due  notice,  in  writing,  is  given  by  order  of  the  board — until  compli- 
ance therewith  is  rendered.  Should  the  school-house  be  destroyed,  the 
contract  becomes  void.  (R.  S.  1889,  §  7996.) 

Where  school-house  is  destroyed  contract  is  terminated.  24  A.  213.  School  may  be 
dismissed  and  closed  before  end  of  contract  term  by  agreement  of  teacher  and  di- 
rectors. 59  A.  580.  Teacher's  pay  cannot  be  withheld  for  non-compliance  with  a  regu- 
lation made  by  board  during  his  employment  unless  properly  notified  of  such  regula- 
tion. 61  A.  512. 

Each  party,  the  teacher  on  the  one  hand  and  the  board  on  the  other,  is  equally 
bound  by  the  contract.  This  fact  cannot  be  too  strongly  impressed  upon  the  parties 
to  the  contract.  A  board  of  directors  cannot  exercise  too  much  care  in  the  selection 
of  a  teacher,  for  when  the  contract  is  completed  it  cannot  be  abrogated  except  by 
having  the  teacher's  certificate  revoked  by  the  county  commissioner  as  provided  in 
section  9960  of  the  institute  law. 

Faithful  compliance  with  the  rules  and  regulations  furnished  by  the  board  is 
made  part  of  the  contract.  Necessary  rules  and  regluations  for  the  government  of  the 
school  should  be  adopted  by  every  board  of  directors,  and  a  copy  of  such  rules  fur- 
nished the  teacher  at  the  time  of  entering  into  contract.  A  person  entering  into  a 
contract  with  a  school  district  through  its  directors,  must,  at  his  peril,  take  notice  of 
the  limited  powers  of  the  directors,  and  if  he  enters  into  a  contract  with  them  in 
excess  of  their  powers,  no  recovery  can  be  had  by  him  thereon.  30  A.  113.  The  power 
of  a  board  of  directors  with  reference  to  expenditures  is  limited  to  the  income  provided 
for  the  current  year.  Therefore,  a  teacher  should  inform  himself  before  entering  into 
contract  as  to  amount  of  revenue  provided  for  teachers'  wages,  as  he  can  collect  no 
greater  amount  than  that  provided.  Note  the  difference,  however,  between  "revenue 


2? 

provided"  and  "revenue  collected."  When  the  levy  for  school  purposes  is  made,  the 
revenue  is  said  to  be  "provided."  Warrants  may  be  drawn  against  the  revenue 
provided  whether  it  is  collected  during  the  school  year  or  not. 

SEC.  9768.  Visitation  of  schools.— It  shall  be  the  duty  of 
the  board  to  visit  the  schools  under  their  care,  examine  into  their  con- 
dition and  the  progress  of  the  pupils,  advise  and  consult  with  the 
teachers,  and  to  exercise  such  supervision  as  will  best  promote  the  in- 
terests of  the  schools.  (K.  S.  1889,  §  7997.) 

No  member  of  a  school  board  should  feel  that  he  has  discharged  his  duty  until 
he  has  visited  the  school  at  least  two  or  three  times.  Such  visits  encourage  and  stimu- 
late both  pupils  and  teacher.  Only  in  this  manner  is  it  possible  for  members  of  the 
board  to  make  themselves  familiar  with  the  management  of  the  school. 

SEC.  9769.  Removal  of  district  clerk.— The  board  shall 
have  power  to  remove  the  district  clerk  from  his  office  for  dereliction 
of  duty,  and  appoint  another  in  his  place,  to  whom  the  former  incum- 
bent shall  immediately  deliver  his  books  and  papers  pertaining  to  the 
office.  (R.  S.  1889,  §  7998.) 

The  district  clerk  is  a  creature  of  the  board,  and  can  therefore  be  removed  "for 
dereliction  of  duty."  For  this  reason,  it  is  better  that  the  clerk  be  not  a  member  of  the 
board.  The  president  of  the  board  is  also  a  creature  of  the  board,  and  can  be  re- 
moved and  another  appointed.  Of  course  he  will  still  hold  his  position  as  a  member 
of  the  board.  "It  is  essential,  in  every  case,  that  charges  be  made,  and  trial  had,  and 
that  the  accused  be  notified  and  have  a  full  opportunity  for  defense."  44  Mo.  570. 

SEC.  9770.  Enumeration  lists.— The  school  board  of  each 
district  shall,  between  the  thirtieth  day  of  April  and  the  fifteenth  day 
of  May  of  each  year,  take,  or  cause  to  be  taken  and  forwarded  to  the 
county  clerk,  an  enumeration  of  the  names  of  all  persons  over  six  and 
under  twenty  years  of  age,  resident  with  in  the  district,  designating 
male  and  female,  white  and  colored,  and  age  of  each,  together  with  the 
full  name  of  the  parent  or  guardian  of  each  child  enumerated;  and  also 
an  enumeration  of  all  blind  and  deaf  and  dumb  persons  of  school  age, 
resident  withi  ^  the  district,  designating  male  and  female,  white  and 
colored,  and  age  of  each,  together  with  the  full  name  of  the  parent  or 
guardian  of  each  of  such  children  so  enumerated  and  their  postoffice 
address;  which  said  enumerations  shall  be  subscribed  and  sworn  to; 
and  any  parent  or  guardian  who  shall  knowingly  furnish  to  any  enu- 
merator the  name  of  any  child  who  is  under  six  or  over  twenty  years 
of  age,  or  who  is  a  non-resident  of  the  district,  shall  be  guilty  of  a  mis- 
demeanor, and  any  enumerator  who  shall  knowingly  return  a  false 
enumeration  shall  be  deemed  guilty  of  a  misdemeanor  and  punishable 
by  a  fine  not  to  exceed  one  hundred  dollars;  and  should  the  board  neg- 
lect or  refuse  to  comply  with  the  provisions  of  this  section,  such  dis- 
trict shall  forfeit  its  right  to  any  portion  of  the  public  funds  for  the 
next  ensuing  school  year :  Provided,  that  the  school  board  of  any  city 
having  more  than  fifty  thousand  inhabitants  may  relieve  itself  of  the 
duty  aforesaid  four  times  in  every  period  of  five  years,  by  passing  a 


28 

resolution  each  year  adopting  the  last  enumeration  therein  made  as  its 
enumeration  of  persons  of  school  age  in  said  city  for  such  year,  and 
thereupon  such  last  enumeration  shall  be  deemed  returned  and  taken 
as  its  enumeration  for  such  year  for  all  purposes  under  this  chapter. 
The  county  clerk  of  each  county  shall  certify  to  the  superintendent  of 
the  school  for  the  deaf  and  dumb  at  Fulton,  as  soon  as  convenient 
after  he  receives  the  enumeration  lists,  the  names  of  all  deaf  and  dumb 
persons  of  school  age  in  his  county,  giving  name,  age,  sex  and  color, 
and  the  name  and  postoffice  address  of  parent  or  guardian  of  such 
persons,  and  to  the  superintendent  of  school  for  the  blind  in  St.  Louis 
the  names  of  all  blind  persons  of  school  age  in  his  county,  giving  name, 
age,  sex  and  color,  and  the  name  and  postoffice  address  of  parent  or 
guardian  of  such  persons.  (R.  S.  1889,  §  7999,  amended.) 

Section  1,  Art.  XI,  Constitution.  84  Mo.  74;  30  A.  285.  An  enumerator  is  not  re- 
quired to  follow  those  who  have  apparently  moved  from  district  and  get  their  secret 
intention,  but  must  be  guided  by  usual  and  ordinary  indicia  of  residence.  64  A.  313. 

Great  care  should  be  taken  by  the  enumerator  to  get  the  name  of  every  child 
in  the  district  entitled  to  enumeration.  The  public  funds— state,  county,  and  township, 
are  apportioned  upon  the  enumeration,  and  for  every  name  missed  the  district  will  lose 
from  $1.50  to  $3.50  or  possibly  more.  Do  not  fail  to  forward  the  enumeration  to  the 
county  clerk  within  the  time  specified  by  law.  It  is  not  the  duty  of  the  district  clerk 
to  take  the  enumeration.  The  board  may  take  the  enumeration  of  the  district  them- 
selves, or  may  cause  the  same  to  be  taken  by  employing  the  district  clerk  or  any 
other  competent  person. 

SEC.  9771.  Estimate. — The  school  board  of  each  district  shall, 
on  or  before  the  fifteenth  day  of  May  of  each  year,  forward  to  the 
county  clerk  an  estimate  of  the  amount  of  funds  necessary  to  sustain 
the  schools  of  their  district  for  the  time  required  by  law,  or,  when  a 
longer  term  has  been  ordered  by  the  annual  meeting,  for  the  time  thus 
decided  upon,  together  with  such  other  amount  for  purchasing  site, 
erecting  buildings  or  meeting  bonded  indebtedness  and  interest  on 
same,  as  may  have  been  legally  ordered  in  such  estimate,  stating 
clearly  the  amount  deemed  necessary  for  each  fund,  and  the  rate  re- 
quired to  raise  said  amount.  (R.  S.  1889,  §  8000.) 

Restriction  on  tax  levy.  Section  2,  Art.  X,  Constitution.  Where  estimates  re- 
turned by  school  districts  stated  rate  of  required  tax  levy,  but  did  not  mention 
amount  of  the  several  funds  which  levy  would  produce,  irregularity  is  immaterial. 
126  Mo.  472.  County  clerk  has  no  authority  to  extend  upon  tax-books,  without  order 
of  county  court,  school  tax  upon  property  of  railroad  company  based  upon  school 
district  clerk's  certificate  of  amount  of  taxes  to  be  levied  for  school  purposes.  135 
Mo.  618. 

This  is  to  be  made  by  the  school  board  to  the  county  clerk,  and  on  or  before 
the  fifteenth  day  of  May  of  each  year.  The  estimate  is  for  the  following  purposes: 
(1)  For  teachers'  fund;  (2)  for  incidental  expenses;  (3)  for  building;  (4)  for  sinking 
fund;  (5)  for  interest  fund.  The  estimate  for  teachers'  wages,  if  it  exceeds  forty 
cents  on  the  hundred  dollars,  must  state  that  it  was  ordered  (section  9777)  by  a 
majority  of  the  tax-payers  of  the  district.  The  estimate  for  building  purposes  must 
show  that  it  was  authorized  (section  9778)  by  two-thirds  of  the  qualified  voters  of  the 
district  who  voted  at  the  election.  The  estimate  for  sinking  fund  (section  9757)  cannot 
exceed  forty  cents  on  the  hundred  dollars.  The  estimate  for  interest  (section  9758) 


29 

must  be  sufficient  to  pay  the  interest  as  it  falls^u^  .It  Is  \^*ry  iprportant  that  the 
estimate  be  made  promptly  and  in  good  form,  beWg~xareful- "-1T6  "state  clearly  the 
amount  deemed  necessary  for  each  fund." 

SEC.  9772.  Condemnation  of  site. — Whenever  any  district 
shall  select,  at  the  annual  or  any  special  meeting,  one  or  more  sites  for 
one  or  more  school-houses,  and  cannot  agree  with  the  owner  thereof 
as  to  the  price  to  be  paid  for  the  same,  or  for  any  other  cause  cannot 
secure  a  title  thereto,  the  board  of  directors  may  proceed  to  condemn 
the  same  in  the  same  manner  as  provided  for  condemnation  of  right 
of  way  in  chapter  12,  article  7,  of  the  Revised  Statutes,  entitled  "Ap- 
propriations and  valuation  of  lands  taken  for  telegraph,  telephone, 
gravel  and  plank  or  railroad  purposes;"  and  such  condemnation  and 
the  payment  of  the  appraisement  as  therein  provided,  the  title  of  such 
lot  or  land  shall  vest  in  the  board  of  directors  for  use  in  trust  for  the 
district;  and  whenever  a  majority  of  the  qualified  voters  and  tax-pay- 
ers of  any  school  district,  at  any  annual  or  special  meeting  called  for 
that  purpose,  shall  determine  that  it  is  necessary  to  have  additional 
grounds  for  school  purposes,  then  the  board  of  directors  may  proceed 
to  condemn  and  pay  for  any  amount  of  land  adjacent  to  the  school- 
house  site,  as  provided  in  this  section.  (R.  S.  1889,  §  8001,  amended, 
Laws  1891,  p.  204.) 

Section  21,  Art.  II,  Constitution.  Land  condemned  for  public  school-house  site  is 
private  property  taken  for  public  use.  48  Mo.  243.  In  proceedings  by  special  school 
district  to  condemn  land  for  school-house  site,  defendant  may  put  in  issue  plaintiff's 
corporate  existence.  125  Mo.  439. 

SEC.  9773.  High  schools  may  be  established. — Whenever 
any  school  district  of  Missouri,  as  party  of  the  first  part,  has  or  will 
furnish  a  room  or  rooms,  suitable  for  the  purposes  of  a  high  school, 
and  will  agree  to  seat,  equip,  heat  and  keep  in  order  said  room  or 
rooms,  for  high  school  purposes,  at  its  own  expense,  said  district,  to- 
gether with  any  three  or  more  school  districts  in  Missouri,  as  parties 
of  the  second  part,  may  unite  as  a  public  central  high  school  district, 
for  the  purposes  of  organizing  and  maintaining  a  high  school  for  the 
better  instruction  of  the  children  of  such  school  districts  in  high  school 
studies;  and  the  question  of  such  union  may  be  submitted  to  the  an- 
nual meetings  of  such  districts,  severally,  by  legal  notice,  as  other 
questions  are  submitted  to  such 'meetings;  and  the  clerk  of  each  dis- 
trict voting  upon  the  question  of  such  union  shall  record  the  result  of 
the  vote  in  the  records  of  the  meeting,  and,  on  the  reorganization  of  the 
board  of  directors  in  each  of  the  said  school  districts,  issue  to  the  pres- 
ident thereof  a  certificate  of  the  vote  on  the  said  question  of  union; 
and  at  2  p.  m.  on  the  Tuesday  following  the  annual  meeting,  the  direct- 
ors of  the  several  districts  which  have  voted  on  the  question  of  said 
union  shall  meet  at  the  school-house  of  the  district  herein  designated 


30 

as  party  of  the  first  part,  and  if  the  district  sq  designated  as  party  of 
the  first  part,  and  any  three  or  more  of  the  districts  herein  designated 
as  parties  of  second  part,  shall  have  decided  severally,  by  majority 
vote,  to  form  such  central  high  school  district,  then  the  same  shall  be 
considered  formed;  and  the  directors  of  the  several  school  districts 
forming  such  central  high  school  district  shall,  on  said  first  Tuesday 
after  the  annual  election,  organize  for  the  purposes  of  such  high  school 
district,  by  electing  from  their  number  a  president  and  secretary,  and 
agree,  by  a  majority  vote,  upon  the  part,  not  to  exceed  twenty  per 
cent,  of  the  teachers'  fund  of  the  several  districts,  to  be  set  apart  by 
the  directors  of  such  several  school  districts  for  the  salary  of  the 
teacher  or  teachers  of  said  central  high  school,  and  decide  upon  the 
time,  place  and  manner  of  electing  the  teacher  or  teachers  of  said 
central  high  school,  who  shall  hold  a  first-grade  county  certificate  or 
certificates,  or  a  state  certificate  or  certificates,  and  who  shall  enter 
into  contract  with  other  school  districts;  and  said  directors  of  said 
school  district  shall  annually  thereafter,  on  the  first  Tuesday  after 
the  annual  meeting,  meet  as  hereinbefore  provided  for  their  first  or- 
ganization and  reorganize  by  the  election  of  a  president  and  secretary, 
and  transact  such  further  business  as  may  be  necessary  to  continue 
said  central  high  school  from  year  to  year:  Provided,  the  sum  set  aside 
by  the  several  boards  of  directors  of  the  several  school  districts  of  said 
central  high  school  district  for  the  salary  of  said  high  school  teacher 
or  teachers  shall  not,  in  any  one  of  said  school  districts,  exceed  twenty 
per  cent,  of  the  teachers'  fund  in  said  school  district;  and  the  county 
treasurer  or  the  township  trustees  handling  the  funds  of  said  school 
districts  forming  said  central  high  school  district  shall,  upon  notice 
from  the  secretary  of  said  central  high  school  district,  set  aside  for  the 
salary  of  said  central  high  school  teacher  or  teachers,  the  part  of 
teachers'  fund  of  the  said  several  school  districts  agreed  upon  and  set 
apart  by  the  directors  of  the  said  several  school  districts,  as  herein  pro- 
vided for;  and  said  county  treasurer  or  township  trustees  shall  pay 
said  high  school  teacher  or  teachers  from  said  fund  set  aside,  upon  the 
warrant  of  the  president  and  secretary  of  said  central  high  school  dis- 
trict; and  the  authority  of  the  central  high  school  board  of  directors 
herein  created  over  the  central  high  school,  as  to  rules  and  regulations, 
shall  be  the  same  as  that  of  the  board  of  directors  of  other  school  dis- 
tricts over  the  schools  of  their  districts :  Provided,  that  the  length  of 
term  of  said  central  high  school  shall  not  exceed  the  average  length 
of  term  in  the  school  districts  of  which  said  central  high  school  district 
is  composed :  Provided,  that  no  pupil  shall  be  perimtted  to  enter  the 
classes  of  said  central  high  school  who  Jias  not  completed  the  study  of 


31 

descriptive  geography,  practical  arithmetic,  mental  arithmetic,  lan- 
guage lessons  and  elementary  grammar,  United  States  history  and 
elementary  physiology;  and  the  teacher  or  teachers  of  said  central 
high  school  may  examine  all  pupils  desiring  to  enter  said  central 
high  school,  to  test  their  knowledge  of  the  aforesaid  subjects.  (Laws 
1895,  p.  266.) 

This  has  been  in  statutes  for  four  years  and  but  one  high  school  has  been  organ- 
ized under  its  provisions.  It  would  be  a  much  better  plan  to  consolidate  four  or  more 
school  districts  into  one  district  for  all  school  purposes.  This  can  be  done  in  accord- 
ance with  section  9742.  "When  it  it  deemed  necessary  to  form  a  new  district,  to  be 
composed  of  two  or  more  entire  districts,  etc."  Four  or  more  districts  with  a  village 
near  the  center  should  be  consolidated  into  one  new  district,  and  then  within  fifteen 
days  the  voters  should  meet  and  organize  this  new  district  for  work,  according  to 
section  9748,  and  just  as  soon  as  possible  organize  as  a  village  district  with  six  directors. 
This  will  provide  definitely  for  a  school  of  higher  grade  and  such  primary  schools  as 
the  board  may  deem  necessary.  Such  an  organization  will  enable  the  board  to  main- 
tain a  school  in  each  of  the  several  original  districts  and  to  establish  a  central  high 
school  within  reach  of  all  the  children  prepared  therefor,  and  none  of  them  need 
to  have  farther  than  six  miles  to  go  to  such  high  school.  The  elementary  schools 
in  the  sub-districts  may  be  properly  graded  and  have  some  supervision  by  the  princi- 
pal of  the  high  school.  The  board  could  employ  him  with  this  in  view.  All  the  schools 
would  be  maintained  for  the  same  length  of  term  out  of  a  common  fund  derived  from 
the  same  rate  of  taxes  levied  on  the  property  of  the  entire  consolidated  district.  In 
the  event  that  the  attendance  in  any  one  of  the  sub-districts  should  fall  below  a 
certain  number  the  board  could  discontinue  that  school  and  arrange  to  have  such 
pupils  transferred  and,  if  need  be,  carried  by  conveyances  to  other  school  or  schools 
in  the  district.  There  is  nothing  in  the  law  to  prevent  such  an  organization.  It  has 
been  tried  in  other  states.  It  is  practical,  especially  in  populous  sections  of  our 
state  and  more  especially  where  good  roads  are  provided  or  should  be  provided.  The 
advantages  summed  up  in  a  few  words  are:  equal  taxation;  equal  privileges  for  the 
children  in  length  of  term,  efficiency  of  teachers,  and  proper  grading;  all  children 
having  opportunity  of  a  good  high  school  with  free  tuition;  economy  of  teaching  force 
by  collecting  together  a  sufficient  number  of  advanced  pupils  to  justify  the  employment 
of  a  good  teacher  and  in  closing  out  the  elementary  schools  with  a  small  attendance. 

SEC.  9774.  Separate  schools  for  white  and  colored  chil- 
dren.— Separate  frees  chools  shall  be  established  for  the  education  of 
children  of  African  descent;  and  it  shall  hereafter  be  unlawful  in  the 
public  schools  of  this  state  for  any  colored  child  to  attend  any  white 
school,  or  for  any  white  child  to  attend  a  colored  school.  (K.  S.  1889, 
§  8002.) 

SEC.  9775.  Schools  for  colored  children— establishment 
of. — When  there  are  within  any  school  district  in  this  state  fifteen  or 
more  colored  children  of  school  age,  as  shown  by  the  last  enumeration, 
the  school  board  of  such  school  district  shall  be  and  they  are  hereby 
authorized  and  required  to  establish  and  maintain  within  such  school 
district  a  separate  free  school  for  said  colored  children ;  and  the  length 
of  the  school  term  for  said  colored  children  and  the  advantages  and 
privileges  thereof,  shall  be  the  same  as  are  provided  for  other  schools 
of  corresponding  grade  within  such  school  district,  and  the  board  shall 
in  all  cases  conduct,  manage  and  control  said  school  as  other  schools 
of  the  district  are  conducted,  managed  and  controlled;  and  all  indebt- 


32 

edness  incurred  by  said  board  in  providing  suitable  buildings,  employ- 
ing teachers  and  maintaining  said  school,  shall  be  paid  for  out  of  the 
appropriated  funds  of  the  district,  upon  warrants  ordered  and  issued 
in  conformity  with  the  provisions  of  sections  9788  and  9789  of  this 
chapter:  Provided,  there  be  no  school  building  in  such  school  district 
for  said  colored  children,  the  board  shall  be  and  they  are  hereby  au- 
thorized and  required  to  rent  suitable  buildings  and  furnish  the  same, 
and  all  expenses  necessarily  incurred  shall  be  paid  out  of  any  funds  to 
the  credit  of  the  building  or  incidental  funds  of  such  school  district. 
Should  any  school  board  neglect  or  refuse  to  comply  with  the  provis- 
ions of  this  section,  such  school  district  shall  be  deprived  of  any  part 
of  the  public  funds  for  the  next  ensuing  school  year:  Provided,  that 
in  case  the  average  daily  attendance  of  colored  children  for  any  one 
school  month  shall  be  less  than  eight,  then  said  school  board  may  dis- 
continue such  school  for  a  period  not  to  exceed  six  months  at  any  one 
time:  Provided,  that  in  cases  where  two  school  districts  join  and  in 
either  or  both  of  said  districts  the  enumeration  of  colored  children  of 
legal  school  age  is  less  than  twenty-five,  the  boards  of  directors  of  such 
districts  may  establish  a  joint  colored  school  in  either  of  said  districts, 
the  expenses  of  maintaining  said  school  to  be  borne  by  the  district  es- 
tablishing same  in  proportion  to  the  number  of  school  children  enu- 
merated in  each.  The  control  of  said  school  shall  be  vested  in  the 
board  of  directors  of  the  district  in  which  the  school-house  wherein 
said  colored  school  is  maintained  is  located.  (B.  S.  1889,  §  8003, 
amended,  Laws  1893,  p.  247,  amended,  Laws  1897,  p.  219.) 

Warrant  for  wages  of  teacher  in  colored  school  is  payable  out  of  teacher's  fund. 
Law  does  not  create  separate  fund  for  support  of  colored  schools.  64  Mo.  26.  Constitu- 
tion and  laws  providing  for  separate  schools  for  colored  children  are  not  forbidden 
by  fourteenth  amendment  to  federal  constitution;  equality,  not  identity  of  privileges, 
is  guaranteed  to  the  citizens  by  said  amendment.  103  Mo.  546.  Who  are  residents 
within  the  meaning  of  this  section.  64  A.  313. 

When  the  enumeration  taken  in  any  year  shows  that  fifteen  or  more  colored 
children  of  school  age  reside  within  the  district,  it  is  the  duty  of  the  board  of  directors 
to  establish  and  maintain  a  separate  free  school  for  the  education  of  these  children. 
The  establishment  is  not  perpetual.  Compliance  with  this  law  requires  that  the 
school  privileges  accorded  the  colored  children  shall  equal  those  enjoyed  by  the 
white  children.  The  establishment  of  a  colored  school  in  some  old  tumble-down  shed 
of  a  building,  with  little  or  no  furniture  and  situated  in  a  remote  inaccessible  part  of 
the  district,  while  the  white  children  in  the  same  district  are  provided  with  a  com- 
fortable well  furnished  school  building,  does  not  comply  with  the  spirit  of  this  law. 
Instances  have  been  reported  in  which  it  is  claimed  that  the  enumerator  returned  a 
false  enumeration  in  order  to  avoid  the  establishment  of  a  school  for  the  colored 
children.  In  doing  this,  the  enumerator  not  only  violates  his  oath  of  office,  but  is 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  $100.00.  See  section  9770. 

For  failure  to  establish  a  colored  school  when  fifteen  colored  children  are  enum- 
erated in  the  district,  the  district  forfeits  all  public  funds  due  it,  and  the  board  of 
directors  may  be  removed  from  office  for  neglect  of  duty.  In  a  district  having  estab- 
lished a  colored  school,  if  the  enumeration  of  colored  children  falls  below  fifteen, 
the  school  may  be  discontinued.  The  board  also  has  authority  to  discontinue  the 
school  for  a  period  of  six  months  when  the  average  daily  attendance  for  any  one 


33 

month  falls  below  eight.  Should  a  school  be  discontinued  for  this  reason,  it  must  be 
reopened  at  the  expiration  of  six  months  unless  the  white  school  in  the  district  has 
closed  in  the  meantime,  in  which  event  the  colored  .school  need  not  be  reopened  dur- 
ing" the  current  school  year. 

There  is  no  authority  for  setting  aside  a  certain  sum  of  money  to  maintain  the 
colored  school.  The  expense  of  maintaining  the  colored  school  must  be  paid  in  the 
same  manner  and  out  of  the  same  funds  drawn  upon  to  sustain  the  white  school. 

This  encourages  adjoining  districts,  each  having  an  enumeration  of  colored  chil- 
dren less  than  twenty-five,  to  consolidate  their  school  for  colored  children. 

The  fact  that  colored  children  have  to  go  further  to  attend  school  than  white 
children  does  not  furnish  a  substantial  ground  of  complaint  on  the  part  of  the  former. 
103  Mo.  546. 

SEC.  9776.  Colored  children,  right  to  attend  other 
schools  in  the  county. — When  the  number  of  colored  children  of 
school  age  residing  in  any  school  district,  as  shown  by  the  last  enum- 
eration, shall  be  less  than  fifteen,  they  shall  have  the  privilege  and 
are  entitled  to  attend  school  in  any  district  in  the  county  wherein  a 
school  is  maintained  for  colored  children,  and  the  school  board  of 
the  district  in  which  such  colored  children  reside  shall  reserve  a  suf- 
ficient amount  from  the  teachers'  fund  of  such  district  to  pay  the  ex- 
pense thus  incurred  for  such  school  year;  but  such  colored  children 
•shall  only  be  entitled  to  attend  school  for  the  same  length  of  time 
that  other  schools  of  the  district  in  which  the}7  reside  are  maintained; 
and  at  the  end  of  the  school  term,  the  school  board  of  the  district  in 
which  such  children  may  have  attended  school  shall  make  out  and 
forward  to  the  school  board  of  the  district  in  which  such  children  re- 
side an  account  showing  the  amount  due  for  said  colored  children, 
said  amount  to  be  equal  to  the  pro  rata  expense  of  such  attendance, 
the  same  to  be  prorated  according  to  the  amount  paid  for  teachers' 
wages  and  incidental  expenses  during  such  school  term;  and  the 
school  board  of  the  district  in  which  such  children  reside  shall  issue 
an  order  on  the  county  or  township  treasurer  to  transfer  said  amount 
to  the  credit  of  the  teachers'  fund  of  the  district  in  which  said  children 
attended  school.  Any  school  board  neglecting  or  refusing  to  comply 
with  the  provisions  of  this  section  shall  be  held  individually  respon- 
sible for  the  amount  due  the  district  in  which  said  colored  children 
attended  school.  (B.  S.  1889,  §  8004.) 

This  section  gives  colored  children  of  school  age,  residing  in  a  school  district 
not  containing  the  requisite  enumeration,  the  right  to  attend  any  colored  school  in 
the  county.  This  section  imposes  two  duties  upon  the  board  of  the  district  in  which 
the  colored  children  reside:  (1)  "to  reserve  a  sufficient  amount  from  the  teachers' 
fund  of  such  district  to  pay  the  expenses  thus  incurred;"  (2)  "to  issue  an  order  on 
the  county  or  township  treasurer  to  transfer  said  amount  to  the  credit  of  the  teachers' 
fund  of  the  district  in  which  said  children  attended  school."  The  section  imposes  one 
duty  upon  the  district  in  which  the  colored  children  attend,  as  follows:  "To  make 
out  and  forward  to -the  school  board  of  the  district  in  which  the  children  reside,  an 
account  showing  the  amount  due  for  said  colored  children."  It  should  be  noted  that 
the  colored  children  are  only  entitled  to  attend  school  during  the  time  that  the  other 
schools  in  the  district  in  which  they  reside  are  maintained;  that  is,  if  there  is  only 
S-3 


34 

a  five-months'  school  in  the  country  district  in  which  the  colored  children  reside, 
they  are  permitted  to  attend  but  five  months  in  the  district  maintaining  a  colored 
school,  even  though  that  district  should  maintain  an  eight  months'  school.  To  find  the 
amount  due  the  school  in  which  the  colored  pupils  attend,  it  is  necessary  to  ascer- 
tain the  cost  per  colored  pupil  per  day,  and  multiply  this  by  the  number  of  days  aU 
tended  by  the  colored  children  residing  without  the  district.  This  is  what  is  meant 
by  "pro  rata  expenses  of  such  attendance,  the  same  to  be  prorated  according  to  the 
amount  paid  for  teachers'  wages  and  incidental  expenses  during  such  school  term." 
Note  that  "the  school  board  in  the  district  in  which  such  children  may  have  attended" 
shall  forward  the  account  against  the  other  district  "at  the  end  of  the  school  term." 
For  a  failure  to  pay  the  account,  if  found  correct,  the  board  of  directors  to  which  the 
account  is  presented  become  personally  liable  for  the  amount.  Failure  to  present  the 
account  at  close  of  school  does  not  forfeit  the  claim.  The  account  may  be  collected  at 
any  time  within  five  years  after  it  becomes  due. 

SEC.  9777.    Increase  of  tax  levy  for  maintaining  schools. 

Whenever  it  shall  become  necessary,  in  the  judgment  of  the  board 
of  directors  of  any  school  district,  or  boards  of  trustees  or  boards  of 
education  of  any  city,  town  or  village  in  this  state,  to  increase  the 
annual  rate  of  taxation  for  school  purposes,  or  when  any  five  resident 
tax-payers  of  such  district  shall  petition  such  board,  in  writing,  that 
they  desire  an  increase  in  the  rate  of  taxation,  such  board  shall  de- 
termine the  rate  of  taxation  necessary  to  be  levied  in  such  district 
within  the  maximum  rates  prescribed  by  the  constitution  for  such 
purposes,  and  shall  submit  to  the  voters  of  said  city,  town,  village 
or  other  school  district,  who  are  tax-payers  of  such  city,  town,  vil- 
lage or  other  school  district,  at  an  election  to  be  by  such  board  called 
and  held  for  that  purpose,  at  the  usual  place  of  holding  elections 
for  members  of  such  board,  whether  the  rate  of  taxation  shall  be  in- 
creased as  proposed  by  said  board,  due  notice  having  been  given  as  re- 
quired by  section  9779;  and  if  a  majority  of  the  voters  who  are  tax- 
payers voting  at  such  election  shall  vote  in  favor  of  such  increase, 
the  result  of  such  vote,  and  the  rate  of  taxation  so  voted  in  such  dis- 
trict shall  be  certified  by  the  clerk  or  secretary  of  such  board  or  dis- 
trist  to  the  clerk  of  the  county  court  of  the  proper  county,  who  shall, 
on  the  receipt  thereof,  proceed  to  assess  and  carry  out  the  amount 
so  returned  on  the  tax-book  on  all  the  taxable  property,  real  and  per- 
sonal, of  such  city,  town  or  village,  or  other  school  district,  as  shown 
by  the  last  annual  assessment  for  state  and  county  purposes,  includ- 
ing all  statements  of  merchants  provided  by  law.  (R.  S.  1889,  §  8005.) 

Whenever  a  board  deems  it  necessary  or  is  petitioned  by  five  resident  tax-payers, 
it  shall  determine  the  increase  of  levy  for  school  purposes.  Proper  notice  having  been 
given  under  section  9779,  the  proposition  is  voted  upon,  and  is  carried  "if  a  majority  of 
the  voters  who  are  tax-payers  voting  at  such  election  shall  vote  in  favor  of  such 
increase."  Note  that  tax-payers  and  not  qualified  voters  are  spoken  of.  A  tax-payer 
is  one  who  owns  either  real  or  personal  property  liable  to  assessment  and  taxation. 
Observe  that  only  a  majority  and  not  a  two-thirds  majority  is -required;  also,  tlA,t 
it  is  a  majority  of  the  tax-payers  "voting  at  such  election,"  and  not  a  majority  of 
the  tax-payers  of  the  district.  For  limitation  of  taxation,  see  article  10,  section  11, 
Missouri  Constitution,  and  section  9844. 


35 

The  provisions  of  the  Constitution  limiting  the  rate  of  taxation  does  not  require 
legislative  action  to  enforce  it,  and  goes  into  effect  at  once,  notwithstanding  the 
proviso  allowing  the  rate  to  be  increased  by  legislative  action  and  a  specified  popular 
vote.  62  Mo.  444. 

SEC.  9778.  For  erecting  school-house. — Such  board  of 
education  or  school  boards  of  any  city,  town  or  village,  or  board 
of  directors  of  any  school  district  in  this  state,  shall,  whenever  it 
shall  become  necessary,  in  their  judgment,  or  be  requested  by  a  peti- 
tion of  ten  tax-payers  of  any  school  district,  city,  town  or  village,  to 
increase  the  annual  rate  of  taxation  for  the  purpose  of  erecting  school 
buildings  in  such  district,  determine  the  rate  of  taxation  necessary 
to  be  levied  within  the  maximum  rates  prescribed  by  the  constitution, 
and  as  therein  limited  for  such  purposes,  and  shall  submit  to  the 
voters  of  districts  formed  of  cities,  towns  and  villages,  or  other  school 
district,  at  an  election  to  be  by  such  board  called  and  held  for  ttat 
purpose,  at  the  usual  place  for  holding  elections  for  members  of  such 
board,  whether  the  rate  of  taxation  shall  be  increased  as  proposed  by 
said  board  for  erecting  school  building,  due  notice  having  been  given 
as  required  by  section  9779,  and  if  two-thirds  of  the  qualified  voters  of 
such  school  district,  or  of  such  city,  town  or  village  forming  a  school 
district,  voting  at  such  election,  shall  vote  in  favor  of  such  increase 
for  the  purpose  aforesaid,  the  result  of  such  vote  and  the  rate  of  taxa- 
tion so  voted  shall  be  certified  by  the  secretary  or  clerk  of  such  board 
to  the  clerk  of  the  county  court  of  the  proper  county,  who  shall  on 
the  receipt  thereof,  proceed  to  assess  the  amount  so  returned  for 
building  purposes  on  all  the  taxable  property,  both  real  and  personal, 
of  such  city,  town  or  village  forming  such  school  district  or  other 
school  district,  as  shown  by  the  last  annual  assessment  for  state 
and  county  purposes,  including  all  statements  of  merchants  as  is 
provided  by  law.  (R.  8.  1889,  §  8006.) 

No  authority  exists  to  borrow  money  and  issue  bonds  to  purchase  school-house 
site.  114  Mo.  641. 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  ten  tax-payers  of  the 
district,  it  shall  determine  the  rate  to  be  levied  for  building  purposes,  notice  having 
been  given  in  accordance  with  section  9779.  The  proposition  is  carried  "if  two-thirds  of 
the  qualified  voters  of  such  school  district  voting  on  the  proposition  shall  vote  in 
favor  of  such  increase."  Note  that  two-thirds  of  the  qualified  voters,  and  not  a 
majority,  is  required.  Observe  also  that  it  is  two-thirds  of  those  voting  at  the  election: 
that  is,  two-thirds  of  the  votes  cast  at  the  election,  and  not  two-thirds  of  the  qualified 
voters  of  the  district.  For  limitation  of  levy  for  building  purposes,  see  article  10,  section 
11,  Missouri  Constitution;  also,  section  9844.  A  building  levy  should  be  used  for  pur- 
chase of  site,  erection  of  house  and  furnishing  the  same.  All  permanent  improvements 
should  be  made  from  the  building  fund  rather  than  from  the  incidental  fund,  such  as 
building  a  fence,  digging  a  cistern,  erecting  outhouses  and  seating  school-room. 

The  act  (Laws  1885,  p.  230)  authorizing  an  increase  in  the  levy  of  school  taxes 
for  building  purposes  on  the  apportionment  of  the  valuation  of  a  railroad  company's 
roadbed  and  rolling-stock,  and  empowering  the  county  court  to  take  into  consideration 
the  rate  of  increase  for  such  purposes,  made  in  districts  through  which  the  railroad 
does  not  run,  in  fixing  the  rate  to  be  levied,  is  constitutional.  97  Mo.  496. 


36 

SEC.  9779.  Notice  of  election  for  increase  of  tax.— The 
elections. authorized  in  sections  9777  and  9778  may  be  held  at  an  an- 
nual meeting,  or  at  a  special  meeting  called  and  held  for  that  purpose. 
Said  board  of  directors  or  boards  of  education  calling  such  election 
shall  cause  at  least  fifteen  days'  public  notice  to  be  given  of  the  time 
and  place  of  holding  such  election  or  elections,  and  the  purposes  for 
which  it  is  held,  by  publication  in  some  newspaper  published  in  such 
city,  town  or  village  forming  such  school  district  or  other  school  dis- 
trict; and  if  no  newspaper  is  published  in  such  school  district,  then  by 
five  written  or  printed  hand-bills,  posted  in  five  of  the  most  public 
places  in  such  district.  (R.  S.  1889,  §  8007.) 

SEC.  9780.  Special  meetings.— Special  school  meetings  for 
the  transaction  of  business  authorized  by  this  chapter,  and  not  re- 
stricted to  the  annual  meeting  or  otherwise  provided  for,  shall  be 
called  by  the  board  when  a  majority  of  the  qualified  voters  of  the  dis- 
trict sign  a  petition  requesting  the  same,  and  designating  therein  the 
purpose  for  which  said  meeting  is  desired.  Upon  the  reception  of 
such  petition,  the  board  shall  call  said  special  meeting  and  require  the 
district  clerk  to  post  notices  in  five  public  places  within  the  district 
for  fifteen  days  prior  to  the  day  of  said  meeting,  setting  forth  the  time, 
place  and  purpose  of  the  same;  and  when  assembled,  the  meeting  shall 
be  organized  by  the  election  of  a  chairman  and  a  secretary,  who  shall 
keep  a  correct  record  of  the  transactions  of  the  meeting,  said  record 
to  be  signed  by  the  secretary,  attested  by  the  chairman,  and  filed  with 
the  district  clerk,  who  shall  enter  the  same  upon  the  records  of  the 
district;  but  said  meeting  shall  have  no  power  to  act  upon  any  prop- 
osition not  contained  in  the  petition  and  submitted  in  the  notices. 
(R.  S.  1889,  §  8008.) 

Boards  of  directors  have  no  authority  to  call  special  meeting,  unless  properly 
petitioned  by  a  majority  of  qualified  voters  of  district.  114  Mo.  641.  Special  meeting  may 
be  called  for  purpose  of  continuing  school  beyond  period  required  by  constitution. 
27  A.  36. 

Note  that  special  school  meetings  shall  be  called  by  the  board  "when  a  ma- 
jority of  the  qualified  voters  of  the  district  sign  a  petition  requesting  the  same,  and 
designating  therein  the  purpose  for  which  said  meeting  is  desired." 

The  special  meeting  when  called  can  vote  only  on  the  proposition  set  forth  in 
the  petition  and  notices.  Of  the  items  under  9750,  the  following  are  "restricted  to  the 
annual  meeting  or  otherwise  provided  for:"  item  2  (election  of  directors);  item  3 
(filling  of  vacancy  in  board),  restricted  to  the  annual  meeting  by  section  9759;  item  4 
(increase  of  levy  for  school  purposes),  otherwise  provided  for  by  section  9777;  item  6 
(change  of  boundary),  restricted  to  the  annual  meeting  by  section  9742;  item  8  (election 
of  commissioner),  restricted  to  annual  meeting  by  section  9803;  item  9  (levy  for  build- 
ing purposes),  otherwise  provided  for  by  section  9778.  The  following  items  under  9750 
are  "not  restricted  to  the  annual  meeting  or  otherwise  provided  for,"  and,  therefore, 
may  be  acted  upon  at  a  special  meeting  called  under  section  9780:  item  4  (increase  of 
school  term);  item  5  (to  vote  sum  for  library);  item  7  (sale  of  school  property  no 
longer  needed  for  use  of  district);  item  10  (location  of  school-house  site);  item  11 
(Change  of  school-house 


37 

The  law  does  not  limit  the  number  of  times  a  proposition  may  be  submitted  to 
the  legal  voters  of  a  school  district.  A  proposition  not  restricted  to  the  annual 
meeting1  nor  "otherwise  provided  for"  may  be  submitted  as  often  as  a  majority  of 
the  qualified  voters  of  the  district  will  sign  a  petition  requesting  that  a  special  meet- 
ing be  called,  and  designating  the  purpose  for  which  such  special  meeting  is  desired. 
Upon  reception  of  such  petition,  the  board  of  directors  must  call  the  meeting. 

SEC.  9781.  School  day,  week,  month  and  year. --The 
school  day  shall  consist  of  six  hours  occupied  in  actual  school  work; 
the  school  week  shall  consist  of  five  school  days,  except  when  Thanks- 
giving day,  December  25,  February  22  or  July  4  shall  fall  upon  a  reg- 
ular school  day,  then  the  four  remaining  school  days,  if  taught,  shall 
constitute  a  legal  school  week;  the  school  month  shall  consist  of  four 
weeks;  and  the  school  year  shall  commence  on  the  first  day  of  July 
and  end  on  the  thirtieth  day  of  June  following.  (R.  S.  1889,  §  8009.) 

By  long  established  custom,  a  great  majority  of  our  rural  schools  divide  the 
school  day  as  follows:  9:00,  opening;  a  ten  minute  recess  middle  of  forenoon;  12:00 
to  1:00,  noon;  1:00,  opening  of  afternoon  session;  a  ten  minute  recess  middle  of  after- 
noon; 4:00,  dismissal. 

Consensus  of  opinion  approves  this  plan  as  best  for  children.  The  phrase  "Six 
hours  occupied  in  actual  school  work"  has  reference  to  work  by  the  teacher  in  and 
about  the  school  room.  The  above  programme  fulfills  the  requirement.  For,  from  the 
nature  of  the  case,  the  full  time  of  the  teacher  is  occupied  during  the  forenoon  and 
afternoon  recesses  in  looking  after  the  heating,  ventilation  and  innumerable  other 
matters  of  detail  which  cannot  be  attended  to  except  when  the  greater  number  of 
children  are  at  liberty.  But  this  is  "actual  school  work."  In  most  of  the  well  organized 
city  and  town  schools  the  children  of  the  higher  grades  are  engaged  in  study  and 
recitation  about  five  hours  daily;  the  smaller  children  a  much  shorter  time.  Counting 
work  in  and  about  the  school  before  9  a.  m.,  at  noon,  and  after  4  p.  m.,  good  teachers 
in  good  schools  usually  spend  from  seven  to  nine  hours  daily  in  "actual  school  work." 
This  they  do  voluntarily  and  cheerfully— at  times  overruling  the  protests  of  the  janitor. 

There  are  no  legal  school  holidays  except  those  specified  in  this  section.  General 
election  day  and  New  Year's  day  are  not  legal  school  holidays. 

Many  schools  have  adopted  the  Monday  holiday,  and  teach  on  Saturday.  The 
state  superintendent  will  try  to  visit  each  county  in  the  state  once  every  two  years. 
He  would  be  glad  if  directors  and  teachers  would  agree  to  take  a  day  off  and  meet  him 
on  such  occasions  to  discuss  with  him  some  important  school  questions.  A  day  so 
spent  will  r^ot  be  lost.  There  is  nothing  in  law  to  prevent  such  suspension,  and  to  pre- 
vent the  board's  paying  teacher  for  that  day. 

SEC.  9782.  Arbor  day  set  apart.— The  first  Friday  after  the 
first  Tuesday  in  April  of  each  year  is  hereby  set  apart  as  Arbor  day 
for  this  state,  and  all  teachers,  pupils  and  patrons  are  requested  to  ob- 
serve the  same  in  their  respective  school  districts  by  encouraging  the 
planting  of  trees,  shrubbery  and  flowers  upon  arid  around  the  school 
grounds  of  their  districts,  that  said  grounds  may  be  rendered  pleasant 
and  attractive — a  part  of  said  day  to  be  devoted  to  literary  exercises 
having  special  reference  to  the  work  in  hand,  as  the  teacher  or  com- 
mittee in  charge  may  direct,  and  the  afternoon  to  be  devoted  to  the 
improvement  and  ornamentation  of  the  school  grounds.  (R.  S.  1889, 
§  8010.) 

Sec.  9782.  Arbor  day  properly  observed  will  cultivate  good  taste  and  sentiment. 
The  planting  of  trees,  shrubs  and  flowers,  and  gving  them  proper  cultivation  should 
be  regarded  by  teachers  and  pupils  as  a  privilege.  The  school  premises  have  a  great 


38 

educating  influence.     The  directors  should  see  to  it  that  the  school  grounds  are  fully 
supplied  with   trees  and  grasses. 

The  shrubs  and  flowers  and  little  experimental  garden  belong  properly  to  the 
teachers  and  pupils.  Arbor  Day  is  only  a  day  for  special  culture  by  means  of  these 
things.  The  trees,  shrubs,  grasses  and  flowers  should  be  well  kept  all  the  year  round. 
The  school-house  and  grounds  should  constitute  the  culture  center  of  each  district. 
They  should  be  so  kept  as  to  exercise  a  wholesome  influence  on  the  children  of  the 
district  all  the  year  round.  Recollections  of  the  library,  the  clean  floors  and  furniture, 
the  well  kept  lawn,  the  shade  trees  and  flower  beds,  should  be  made  green  spots  in 
memory  for  all  time  to  come.  Tn  fact  the  school-house  and  grounds  and  every  thing 
connected  therewith  should  be  as  inviting  as  the  best  home  in  the  district. 

SEC.  9783.  Penalty  for  injuring  school  property  or  fail- 
ure to  perform  official  duty. — Every  person  who  shall  willfully 
injure  or  destroy  any  building  used  as  a  school-house,  or  for  other 
educational  purposes,  or  any  furniture,  fixtures  or  apparatus  thereto 
belonging,  or  who  shall  deface,  mar  or  disfigure  any  such  building, 
furniture  or  fixture,  by  writing,  painting,  cutting  or  pasting  thereon 
any  likeness,  figures,  words  or  devices,  shall  be  fined  in  a  sum  double 
the  amount  of  damage  done  to  any  such  building,  furniture  or  ap- 
paratus, and  shall  be  fined  in  a  sum  not  less  than  ten  nor  more  than 
fifty  dollars  for  each  offense,  for  writing,  painting,  cutting  or  pasting 
on  any  such  building,  furniture  or  fixtures,  any  such  words,  figures, 
likeness  or  device,  to  be  recovered  by  civil  proceedings  in  any  court  of 
competent  jurisdiction,  in  the  name  and  to  the  use  of  the  school  dis- 
trict to  which  the  property  may  belong;  and  the  punishment  provided 
in  this  section  to  be  in  addition  to  and  not  in  lieu  of  the  punishment 
provided  by  the  statute  regulating  crimes  and  punishments  for  such 
offenses.  Any  district  or  county  clerk,  county  commissioner,  county 
treasurer,  school  director  or  other  officer,  who  shall  willfully  neglect 
or  refuse  to  perform  any  duty  or  duties  pertaining  to  his  office  under 
this  chapter  shall  be  regarded  as  guilty  of  a  misdemeanor,  and  sub- 
ject to  a  fine  of  not  more  than  one  hundred  dollars,  to  be  recovered  in 
any  court  of  law  in  this  state  having  competent  jurisdiction.  (R.  S. 
1889,  §  8011.) 

This  section  imposes  a  penalty,  (1)  for  injuring  school  property;  (2)  for  failure  to 
perform  official  duty.  Observe  in  each  case  the  word  "willful."  "To  sustain  a  charge 
of  misdemeanor  in  office,  it  must  be  confined  to  official  conduct;  that  conduct  must  be  shown 
to  have  been  willfully  corrupt."  41  Mo.  210.  The  word  willfully  as  used  in  this  section 
means  intentionally  and  knowingly. 

For  full  information  as  to  how  to  proceed  in  misdemeanor  cases,  before  justices  of 
the  peace,  see  article  12,  p.  706  of  the  Revised  Statutes  of  1899.  Disturbance  of  the 
school  may  be  punished  as  prescribed  in  section  2160,  Revised  Statutes,  1899. 

SEC.  9784.  Duties  of  district  clerk.— The  district  clerk  shall 
keep  a  record  of  the  proceedings  of  all  annual  and  special  meetings  of 
the  qualified  voters  of  the  district;  also,  the  proceedings  of  the  board 
of  directors.  He  shall  make  copies  of  the  election  notices,  contracts 
with  teachers,  certificates  and  all  other  papers  relating  to  the  busi- 
ness of  the  district,  and  securely  keep  the  same.  He  shall  transmit 


v-  ^ 

39  ^UI 

to  the  county  commissioner,  on  or  before  the  fifteenth  day  of  July 
in  each  year,  a  report  embracing  the  following  items:  First,  the  num- 
ber of  children,  male  and  female,  white  and  colored,  attending  the 
public  schools  during  the  year;  second,  total  number  of  days  attend- 
ance by  all  such  children;  third,  the  number  of  days  the  public  schools 
of  the  district  have  been  maintained  during  the  school  year;  fourth, 
the  number  of  teachers  employed,  male  and  female,  and  the  wages  per 
month  of  each;  fifth,  the  number  of  school-rooms  occupied  in  the  dis- 
trict and  the  number  of  children  that  may  be  seated  in  the  same;  sixth, 
estimated  value  of  school  property  owned  and  managed  by  the  dis- 
trict; seventh,  assessed  valuation  of  the  district;  eighth,  rate  of 
school  tax  on  the  assessed  valuation  of  the  district;  ninth,  cash  on 
hand  at  the  beginning  of  the  year;  tenth,  tuition  fees  received  and 
credited  to  the  teachers'  fund  of  the  district;  eleventh,  public  funds 
received  by  county  treasurer;  twelfth,  district  tax  received  by  county 
(or  township)  treasurer,  thirteenth,  amount  paid  on  teachers'  wages; 
fourteenth,  amount  paid  for  incidental  expenses;  fifteenth,  amount 
expended  for  purchasing  site,  erecting  school-houses,  rent  and  re- 
pairs; sixteenth,  amount  expended  in  canceling  bonded  indebtedness 
and  paying  interest  on  same;  seventeenth,  amount  expended  for  li- 
brary; eighteenth,  cash  on  hand  at  the  end  of  the  year.  (K.  S.  1889,  § 
8012.) 

30  A.  641;  48  A.  408;  58  A.  658.  District  clerk  should  enter  upon  records  of  district 
an  exact  copy  of  record  of  annual  meeting  as  kept  by  secretary;  but,  should  be  fail  to 
do  so,  his  record  is  admissible  in  evidence.  54  A.  31. 

This  section  makes  it  the  duty  of  the  district  clerk  (1)  "to  keep  a  record  of  the 
proceedings  of  all  annual  and  special  meetings;"  (2)  "of  the  proceedings  of  the  board 
of  directors;"  (3)  he  shall  make  copies  of  the  election  notices,  contracts  with  teachers, 
certificates  and  all  other  papers  relating  to  the  business  of  the  district,  and  securely 
keep  the  same;  (4)  to  "  Transmit  to  the  county  commissioner  on  or  before  the  fifteenth 
day  of  July  in  each  year  a  report."  The  record  of  the  annual  and  special  school 
meetings  is  of  special  importance.  It  is  the  only  official  evidence  of  these  proceedings. 
Grave  questions  nre  settled  at  these  school  meetings— directors  elected,  levies  made 
for  school  purposes  and  for  building  purposes,  and  school  bonds  voted.  Remember  that 
the  record  of  the  district  clerk  obtained  from  the  secretary  of  the  meeting  is  the 
only  official  and  legal  evidence  of  these  transactions.  The  district  clerk's  financial 
statement  to  the  annual  meeting  under  section  9795  should  be  carefully  recorded. 

Again,  how  important  it  is  that  the  proceedings  of  the  board  of  directors  be 
carefully  recorded!  This  record  is  the  only  legal  evidence  as  to  whether  a  teacher  was 
elected  or  a  contract  let.  But  no  duty  of  the  district  clerk  is  more  important  than  that 
of  transmitting  a  correct  report  to  the  county  commissioner,  embracing  every  item  in 
the  blank  report  prepared  by  the  State  Superintendent.  This  report  is  due  from  the 
district  clerk  "on  or  before  the  fifteenth  day  of  July  in  each  year."  The  law  specifies 
that  it  must  be  made  on  or  before  July  15.  This  does  not  mean  the  last  of  July  or 
any  time  during  August  or  September,  as  many  district  clerks  seem  to  think.  If  the 
district  clerks  do  not  make  their  reports  promptly,  how  can  the  county  commissioner 
make  his  report  promptly  to  the  State  Superintendent?  As  late  as  November,  we  urge 
a  county  commissioner  to  send  in  his  report.  He  replies  that  some  district  clerks 
have  so  far  failed  to  make  their  reports  to  him.  Boards  of  directors  should  dismiss 
such  inefficient  clerks.  Note  also  from  section  9761  that  no  clerk  shall  receive  his 
compensation  until  his  report  Is  made.  Board  should  not  allow  the  clerk  any  pay 


40 

until  he  shows  receipt  from  the  county  commissioner  that  his  report  is  accepted. 
This  should  be  enforced  strictly.  This  report  cannot  be  made  before  the  first  day  of 
July  because  the  school  year  does  not  end  till  the  30th  day  of  June.  You  will  notice 
(section  9850)  that  it  is  between  July  1  and  July  15  that  the  county  treasurer  settles 
with  the  county  clerk,  thus  arriving  at  the  data  for  the  financial  statement  of  each 
district  of  the  county,  showing1  the  receipts  and  disbursements.  Duties  of  district 
clerks  discussed.  89  Mo.  23. 

SEC.  9785.  County  commissioner  to  furnish  necessary 
blanks  to  school  officers.  —  All  necessary  blanks  required  by 
school  officers  shall  be  furnished  by  the  state  superintendent  to  the 
county  commissioners,  who  shall  immediately  upon  the  receipt  of  the 
same,  supply  the  clerk  of  each  district  in  their  respective  counties 
with  the  same,  the  form  of  such  blanks  to  be  determined  and  indicated 
by  the  state  superintendent  as  provided  by  law;  and  all  necessary 
expenses  incurred  by  the  commissioner  for  postage  and  stationery  in 
supplying  the  districts  of  his  county  with  blanks  laws,  reports  and 
circulars  of  information  shall  be  paid  for  annually  out  of  the  county 
treasury,  upon  an  order  from  the  county  court,  based  upon  an  item- 
ized statement  of  the  commissioner,  accompanied  by  corresponding 
vouchers.  (R.  S.  1889,  §  8013.) 

The  State  Superintendent  prepares  blanks  and  expresses  them  to  county  commis- 
sioners every  year  in  February  with  the  request  that  they  be  sent  immediately  to  the 
clerks.  In  doing  this,  the  commissioner  incurs  certain  expenses  for  postage  and  sta- 
tionery. When  he  purchases  postage  or  stationery,  he  should  take  a  receipt.  This  is  his 
voucher.  He  should  present  to  the  county  court,  at  its  quarterly  sessions,  an  item- 
ized statement  of  his  expenses  for  postage  and  stationery,  accompanied  by  the 
vouchers.  It  is  the  duty  of  the  county  court  to  allow  all  such  accounts. 

The  blanks  printed  under  the  direction  of  the  State  Superintendent  and  sent 
out  are  as  follows:  (1)  Notice  of  Annual  Meeting;  (2)  District  Clerk's  Financial  State- 
ment to  Annual  Meeting;  (3)  Estimate  to  County  Clerk;  (4)  Enumeration  List;  (5) 
Teacher's  Contract;  (6)  Teacher's  Monthly  Report;  (7)  Teacher's  Term  Report,  includ- 
ing individual  pupils  reports;  (8)  District  Clerk's  Report  to  County  Commissioner; 
(9)  County  Commissioner's  Report  to  State  Superintendent;  (10)  Teacher's  Blank  Cer- 
tificate; (11)  School  Warrants;  (12)  Pupils  Certificates  of  graduation. 

SEC.  9786.  District  clerk  to  procure  record  book  and 
teacher's  register. — It  shall  be  his  duty  to  procure  the  necessary 
record  books  for  the  proper  transaction  of  the  duties  of  his  office;  also 
to  procure  and  furnish  to  each  teacher  a  school  register,  properly 
ruled,  headed  and  classified,  to  exhibit  the  following:  The  names, 
ages  and  studies  pursued  by  all  pupils  attending  the  school,  the 
date  of  their  entrance,  daily  attendance  and  absence,  and  the  date 
of  the  visitation  of  the  school  by  the  directors  or  patrons,  and 
such  other  facts  as  the  state  superintendent  may  require — the  above 
to  be  paid  for  out  of  the  moneys  used  to  defray  the  incidental  ex- 
penses of  the  district.  (K.  S.  1889,  §  8014.) 

In  the  district  clerk's  record  book  are  recorded  the  proceedings  of  annual  and 
special  meetings  of  the  board  of  directors,  copies  of  election  notices,  contracts  with 
teachers,  etc.,  in  accordance  with  section  9784.  This  book  shall  contain  three  or  four 
quires  of  paper.  District  clerk  must  procure  a  register  for  the  teacher.  This  is  not  op- 
tional, and  the  teacher  should  take  special  pains  to  use  this  register  to  the  best  ad- 
vantage. Section  9800. 


41 

SEC.  9787.  Notice  of  special  meetings. — It  shall  be  the 
duty  of  the  district  clerk  to  post  all  notices  required  by  law  when  duly 
ordered  by  the  board,  for  any  annual  or  special  school  meeting,  also 
those  required  by  law  to  be  posted  by  the  district  clerk  without  such 
order  of  the  board;  and  all  such  notices  shall  be  posted  in  five  public 
places  within  the  district,  for  fifteen  days  prior  to  the  day  of  such 
meeting.  (B.  S.  1889,  §  8015.) 

Change  of  boundary  of  district;  duty  of  clerk  as  to  notices.  89  Mo.  23.  Sufficiency 
of  notice.  54  A.  31. 

Special  meetings  are  those  provided  for  by  sections  9752,  9777,  9778  and  9780.  It  is 
supposed  that  all  qualified  voters  should  take  notice  of  the  annual  meeting  without 
notices  being  posted,  but  it  has  become  customary  to  post  notices  for  annual  meet- 
ings as  well  as  for  special  meetings,  as  it  often  happens  that  special  propositions  re- 
quiring notice  are  voted  on  at  the  annual  meeting.  Prospositions  requiring  notices  for 
the  annual  meeting  should  be  considered  as  if  submitted  at  a  special  meeting.  In  other 
words  the  annual  meeting  becomes  a  special  meeting  when  it  considers  anything  not 
specifically  designated  as  belonging  thereto.  The  district  clerk  may  be  proceeded 
against  under  section  9783  for  failure  to  perform  his  duty. 

SEC.  9788.  Payment  of  district  indebtedness. — Upon  the 
order  of  the  board  of  directors,  it  shall  be  the  duty  of  the  district  clerk 
to  draw  warrants  on  the  county  treasurer  in  favor  of  any  party  to 
whom  the  district  has  become  legally  indebted,  either  for  services 
as  teacher,  for  material  purchased  for  the  use  of  the  school,  or  ma- 
terial or  labor  in  the  erection  of  a  school-house  for  said  district — the 
said  warrant  to  be  paid  out  of  any  moneys  in  the  appropriate  funds 
in  the  hands  of  the  said  treasurer,  and  belonging  to  the  district.  The 
species  of  indebtedness  must  be  clearly  stated,  and  should  be  drawn 
on  its  appropriate  fund:  all  moneys  for  teachers'  wages  on  the  teach- 
ers' fund;  all  moneys  used  in  the  purchase  of  a  site,  erection  of  build- 
ings thereon,  and  furnishing  the  same,  on  building  fund;  and  all  other 
expenses  to  be  paid  out  of  the  contingent  fund:  Provided,  however, 
that  no  order  for  the  payment  of  teachers'  wages  shall  be  drawn  in 
favor  of  any  person  not  holding  a  certificate  of  qualification,  signed 
by  the  county  commissioner  or  state  superintendent,  or  in  favor  of 
any  teacher  delinquent  in  his  monthly  or  term  reports;  and  further 
provided,  that  before  drawing  any  such  warrant,  the  president  of  the 
board  shall  first  visit  the  office  of  the  county  or  township  treasurer, 
and  record  his  signature  in  a  book  to  be  kept  in  the  office  of  said 
treasurer  for  that  purpose.  (R.  S.  1889,  §  8016.) 

Where  an  average  rate  for  school  building  tax  is  computed  upon  a  basis  which 
blends  rate  of  taxes  for  school  buildings,  sinking  and  interest  fund,  the  irregularity 
is  no  ground  to  enjoin  collection  of  tax.  126  Mo.  472.  Those  funds  are  all  part  of 
building  fund.  Id.  Until  teacher  files  his  report,  directors  have  no  right  to  order  pay- 
ment of  his  wages.  24  A.  213.  But  teacher  does  not  forfeit  any  rights  under  his  con-  ' 
tract  by  failure  to  make  such  reports,  if  prevented  from  so  doing  by  action  of  directors. 
30  A.  113;  31  Mo.  319. 

This  section  provides  for  the  drawing  of  warrants  upon  the  "order  of  the  board 
of  directors,"  by  the  district  clerk,  "on  the  county  treasurer,  in  favor  of  any  party  to 


42 

whom  the  district  has  become  legally  indebted."  These  warrants  must  be  upon  the 
proper  fund.  Three  funds  are  specified— teachers'  fund,  building  fund  and  contingent 
fund.  The  species  of  indebtedness  must  be  clearly  stated.  No  teacher  delinquent  in  his 
monthly  or  term  reports,  or  not  holding  a  legal  certificate,  can  receive  a  warrant.  The 
president  of  the  board  is  required  to  record  his  signature  with  the  county  or  township 
treasurer.  The  object  of  this  is  to  prevent  fraud.  By  section  9864  in  express  terms, 
and  by  section  9761  by  inference,  no  warrant  can  be  ordered  except  by  a  majority  of 
the  board:  that  is,  unless  a  majority  of  the  whole  board  vote  therefor.  The  reason 
I  say  "by  inference,"  under  section  9761,  is  that  by  this  section  a  majority  of  the  board 
is  necessary  to  constitute  a  quorum.  A  majority  of  a  board  of  three  is  two.  If  two 
members  are  present,  both  must  vote  for  issuing  the  warrant  before  it  can  be  ordered 
issued.  This  is  a  majority  of  the  entire  board.  In  signing  warrants,  the  president  and 
clerk  of  the  board  act  ministerially.  It  is  their  duty  to  sign  warrants  when  ordered 
by  the  board,  regardless  of  their  preferences  in  the  matter.  Boards  of  directors, 
in  purchasing  furniture  or  apparatus  from  agents,  should  be  very  careful  not  to  be 
induced  to  sign  any  contracts  or  warrants  presented  by  these  agents^  If  a  purchase 
is  made  from  agents,  the  warrant  should  be  drawn  upon  the  legal  blanks  belonging 
to  the  board  and  upon  the  incidental  fund. 

Boards  of  directors  have  no  authority  to  order  a  warrant  or  enter  a  contract  ex- 
ceeding the  revenue  provided  for  the  current  school  year.  Such  warrant  or  contract 
does  not  constitute  a  legal  claim  against  the  district. 

SEC.  9789.  Form  of  warrant. — The  warrants  thus  drawn  shall 
be  in  the  following  form,  and  shall  be  signed  by  the  president  of  the 
board  and  countersigned  by  the  district  clerk: 

TEACHERS'  FUND. 

$ No.  

Treasurer  of  county,   Missouri: 

Pay  to or  order,  for  services  as  teacher  in  district  No.  ,  township , 

range ,  dollars,  out  of  any  funds  in  your  hands  for  the  payment  of  teach- 
ers' wages  belonging  to  said  district. 

Done  by  order  of  the  board,  this  day  of  .  19—. 

,  president.  ,  clerk. 

INCIDENTAL   FUND. 

$ No.  

Treasurer  of  county,   Missouri: 

Pay  to  ,  or  order,  the  sum  of  dollars,  for  furnished  district  No. 

,  township ,  range ,  out  of  any  funds  in  your  hands  for  the  payment  of 

incidental  expenses  belonging  to  said  district. 

Done  by  order  of  the  board,  this  day  of  ,  19—. 

,  president.  ,  clerk. 

BUILDING  FUND. 

$ No.  

Treasurer  of  county,   Missouri: 

Pay  to  ,  or  order,  the  sum  of  — —  dollars,  for  furnished  in  the  erec- 
tion of  a  school-house  in  district  No.  -  — ,  township  —  — ,  range ,  out  of  any 

money  in  your  hands  belonging  to  the  building  fund  of  said  district,  and  not  other- 
wise appropriated. 

Done  by  order  of  the  board,  this  day  of  ,  19—. 

,  president.  ,  clerk. 

The  treasurer  shall  open  an  account  for  each  fund  specified  in  this 
section,  and  all  moneys  received  from  the  state,  county  and  town- 
ship funds,  and  all  moneys  derived  from  the  taxation  for  teachers' 
wages,  and  all  tuition  fees  and  all  back  taxes,  shall  be  placed  to  the 
credit  of  the  "teachers7  fund;"  the  money  derived  from  taxation  for 
incidental  expenses  shall  be  credited  to  the  "incidental  fund;"  all 
moneys  derived  from  taxation  for  building  purposes,  from  the  sale  of 
school  site,  school-house  or  school  furniture,  from  insurance,  from 


43 

sale  of  bonds,  from  sinking  fund  and  interest,  shall  be  placed  to 
the  credit  of  the  "building  fund;"  and  all  moneys  not  herein  specified 
that  now  belong  to  any  school  district,  or  that  may  hereafter  be  re- 
ceived by  such  school  district,  shall  be  placed  to  the  credit  of  the 
"teachers'  fund"  of  such  school  district.  No  treasurer  shall  honor 
any  warrant  unless  it  be  in  the  proper  form  and  upon  the  appropriate 
fund;  and  each  and  every  warrant  shall  be  paid  from  its  appropriate 
fund,  and  no  partial  payment  shall  be  made  upon  any  school  warrant, 
nor  shall  any  interest  be  paid  upon  any  such  warrant:  Provided,  that 
the  board  of  directors  shall  have  the  power  to  transfer  from  the  inci- 
dental to  the  building  fund  such  sums  as  may  be  necessary  for  the 
ordinary  repairs  of  school  property;  provided  further,  that  in  the  event 
of  a  balance  remaining  in  the  building  fund,  after  the  purpose  for 
which  said  fund  was  levied  is  accomplished,  the  said  board  shall  have 
the  power  to  transfer  such  unexpended  balance  to  the  incidental  fund. 
(R.  S.  1889,  §  8017,  amended,  Laws  1895,  p.  263.) 

School  warrant  will  not  draw  interest,  but  treasurer  refusing  to  pay  warrant 
when  legally  drawn  and  payment  of  same  demanded,  will  be  liable  on  his  official  bond 
for  damages  sustained,  which  would  be  interest  on  amount  detained.  72  A.  403. 

This  section  defines  the  three  funds  and  gives  the  source  from  which  each  is 
derived.  It  also  provides,  "no  treasurer  shall  honor  any  warrant  unless  it  be  in  the 
proper  form  and  upon  the  appropriate  fund,  and  each  and  every  warrant  shall  be 
paid  from  its  appropriate  fund."  This  positively  prohibits  the  interchange  of  funds; 
that  is,  the  teachers'  fund  cannot  be  used  for  incidental  purposes,  nor  the  incidental 
fund  for  paying  teachers'  wages.  Neither  can  the  building  fund  be  used  for  any  other 
purposes.  However,  the  syllabus  64  Mo.  26,  reads  as  follows:  "Under  a  proper  con- 
struction of  this  section,  it  was  simply  intended  to  provide  that  the  money  raised 
by  taxation  for  building  purposes  should  be  applied  only  to  that  purpose,  and  that  the 
money  raised  by  taxation  for  other  purposes  should  not  be  paid  out  for  building." 
It  must  be  remembered  that  when  this  opinion  was  rendered,  the  law  provided  for  two 
funds— a  building  fund  and  a  fund  for  all  other  purposes.  See  laws  of  '74,  p.  162, 
section  65.  The  three  funds  must,  therefore,  be  carefully  looked  after  and  kept  sep- 
arate. 

SEC.  9790.  School  moneys,  how  applied. — All  moneys  aris- 
ing from  taxation  shall  be  paid  out  only  for  the  purposes  for  which 
they  were  levied  and  collected;  but  the  income  from  state,  county 
and  township  funds  shall  be  applied  only  to  the  payment  of  teachers' 
warrants,  issued  by  order  of  the  board  to  legally  qualified  teachers 
for  services  rendered  according  to  law.  No  county  or  township  treas- 
urer shall  honor  any  warrant  against  any  school  district  that  is  in 
excess  of  the  income  and  revenue  of  such  school  district  for  the  school 
year  beginning  on  the  first  day  of  July  and  ending  on  the  thirtieth 
day  of  June  following;  nor  shall  any  portion  of  the  funds  mentioned 
in  this  section  be  applied  in  payment  of  any  teacher's  warrant  issued 
prior  to  the  distribution  of  such  funds  in  accordance  with  section 
9840,  and  no  school  warrant  shall  bear  interest.  (R.  S.  1889,  §  8018.) 

Money  can  be  paid  out  only  for  purposes  for  which  it  was  levied  and  collected. 
58  Mo.  116;  64  Mo.  26.  Liability  of  county  court  for  diversion  of  county  school  fund. 
110  Mo.  67. 


44 

This  section  further  emphasizes  the  distinctness  of  the  three  funds,  and  provides, 
"no  county  or  township  treasurer  shall  honor  any  warrant  against  any  school  dis- 
trict that  is  in  excess  of  the  income  and  revenue  of  such  school  district  for  the  school 
year  beginning-  on  the  1st  day  of  July  and  ending  on  the  30th  day  of  June  following." 
Article  10,  section  12  of  the  Constitution  of  Missouri,  upon  which  the  above  quoted 
provision  is  based,  reads:  "No  school  district  shall  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose  to  an  amount  exceeding,  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  two-thirds  of  the  voters 
thereof  voting  at  an  election  to  be  held  for  that  purpose."  These  provisions  oblige 
the  board  to  so  manage  the  expenditures  of  the  district  as  to  make  each  year  take 
care  of  itself.  No  treasurer  is  permitted  to  cash  a  warrant  in  excess  of  the  revenue 
provided  for  the  school  year  in  which  such  warrant  is  issued.  A  warrant,  however, 
may  be  issued  when  there  is  no  money  in  the  proper  fund  to  pay  it,  as  taxes  may  be 
collected  before  the  end  of  the  school  year— June  30— thus  permitting  this  warrant  to 
be  legally  paid. 

Under  a  proper  construction  of  this  section,  it  was  simply  intended  to  provide 
that  the  money  raised  by  taxation  for  building  purposes  could  be  applied  only  to  that 
purpose,  and  that  the  money  raised  by  taxation  for  other  purposes  could  not  be  paid 
out  for  building.  64  Mo.  26. 

SEC.  9791.     Permitting  school  boards  to  loan  sinking 

fund. — Whenever  any  school  district  in  any  county  in  this  state, 
which  now  has  or  hereafter  shall  adopt  township  organization,  shall 
accumulate  a  sinking  fund  for  the  payment  of  district  indebtedness, 
the  board  of  directors  of  such  school  district  shall  have  the  power  to 
loan  such  sinking  fund,  for  such  length  of  time  as  they  shall  deem 
proper,  such  time  not  to  extend  beyond  the  maturity  of  the  district's 
indebtedness.  Said  board  shall  not  loan  said*  money  for  a  less  rate  of 
interest  than  six  per  cent,  per  annum,  nor  for  a  greater  rate  than  eight 
per  cent,  per  annum.  The  security  which  shall  be  required  shall  be 
unincumbered  real  estate  of  at  least  double  the  value  of  the  amount 
loaned,  and  in  addition,  the  borrower  shall  give  a  note  or  bond  with 
one  or  more  solvent  sureties,  to  be  approved  by  the  board  of  school 
directors,  payable  to  the  board  of  directors  of  the  school  district  mak- 
ing the  loan;  which  note  or  bond  shall  be  described  in  and  secured  by 
the  deed  of  trust  or  mortgage  on  the  real  estate  given  as  security. 
(Laws  1897,  p.  232.) 

SEC.  9792.  County  court  may  invest  sinking  fund,  how. 
Whenever  there  are  outstanding  any  legal  county  revenue  warrants 
of  any  county,  bearing  six  per  cent,  interest,  which  will  be  redeemed 
by  the  taxes  of  the  current  year,  and  there  are  school  moneys  in  the 
hands  of  the  county  treasurer,  belonging  to  the  various  districts, 
which  will  not  be  required  for  the  support  of  the  public  schools  before 
the  date  when  such  revenue  warrants  will  be  paid,  the  county  courts 
are  authorized  to  direct  the  county  treasurer  to  invest  such  surplus 
school  moneys  in  the  revenue  warrants,  and  hold  them  for  the  use 
and  benefit  of  the  school  districts  until  the  money  for  the  redemption 
of  such  warrants  is  received  into  the  county  revenue  fund,  when 
such  money  shall  be  applied  to  their  payment.  (Laws  1893,  p.  255.) 


45 

SEC.  9793.  County  treasurer  to  report. — The  county  treas- 
urer shall,  at  the  first  term  of  county  court  after  the  redemption  of 
the  warrants  by  the  county  revenue  fund,  submit  to  the  court  a  de- 
tailed statement,  showing  the  amount  and  time  the  school  moneys 
were  invested,  the  amount  belonging  to  each  district  so  used,  and 
the  amount  of  interest  realized  for  each  district ;  and  the  court  shall 
direct  such  interest  to  be  placed  to  the  credit  of  the  respective  dis- 
tricts, and  the  treasurer  be  charged  therewith.  (Laws  1893,  p.  255.) 

SEC.  9794.  Record  and  report  of  district  plat.— The  dis- 
trict clerk  shall  record  a  cop}7  of  all  reports  made  by  him  to  the  county 
commissioner.  He  shall  also  record  in  the  record  book  of  the  dis- 
trict a  correct  plat  of  the  district,  changing  the  same  as  often  as  alter- 
ation is  made  in  the  boundary  lines  by  the  proper  authority  and  shall 
furnish  the  county  clerk  and  county  commissioner  with  copies  of  the 
same,  and  shall  officially  notify  them  of  any  change  whenever  made. 
(B.  S.  1889,  §  8019.) 

•  SEC.  9795.  Statement  to  treasurer.  —  The  district  clerk 
shall,  within  five  days  next  preceding  the  annual  meeting,  obtain  from 
the  county  or  township  treasurer  a  statement  showing  the  receipts 
and  disbursements  of  the  district  since  the  last  annual  school  meet- 
ing, and  the  balance  to  the  credit  of  the  various  funds  of  the  district, 
and  the  clerk  shall  report  the  same  to  the  annual  meeting  and  enter 
the  same  upon  the  records  of  the  district.  (B.  8.  1889,  §  8020.) 

SEC.  9796.  Teachers — certificate  before  employment. — 
Xo  teacher  shall  be  employed  in  any  school  supported  by  the  public 
funds,  or  any  part  thereof,  until  he  has  received  a  certificate  of  quali- 
fication therefor,  signed  by  the  commissioner  .of  the  county  where 
he  or  she  intends  to  teach,  except  those  holding  normal  diplomas 
and  certificates  entitling  them  to  teach'  under  section  9993  of  the 
chapter  on  normal  schools,  and  except  those  holding  certificates 
then  in  force  from  the  state  superintendent.  (R.  S.  1889,  §  8021.) 

This  section  prohibits  the  employment  of  a  teacher  not  holding  a  certificate.  This 
includes  substitute  teachers.  Whenever  a  substitute  teacher  teaches  for  even  a  day 
or  a  week,  he  should  have  a  certificate. 

SEC.  9797.  Teachers  and  directors  liable  to  a  misde- 
meanor, when. — Any  teacher  who  shall  enter  a  public  school  in 
this  state  to  teach,  govern  or  discipline  the  same  before  complying 
with  the  provisions  of  section  9766  and  9796  shall  forfeit  all  right,  title 
and  claim  to  any  compensation  therefor,  and  shall  be  deemed  guilty 
of  a  misdemeanor  and  punishable  by  a  fine  not  to  exceed  one  hun- 
dred dollars;  and  any  director  who  shall  indorse  or  encourage  said 
teacher  in  such  unlawful  conduct  shall  in  like  manner  be  deemed 
guilty  of  a  misdemeanor  and  punishable  by  a  like  fine.  (B.  S.  1889, 
§  8022,) 


46 

SEC.  9798.     Qualifications  necessary  for  certificate.— No 

person  shall  be  granted  a  certificate  to  teach  in  any  of  the  public 
schools  established  under  the  provisions  of  this  chapter  who  is  not 
of  good  moral  character,  and  qualified  to  teach  orthography,  read- 
ing in  English,  penmanship,  arithmetic,  English  grammar,  modern 
geography,  history  of  the  United  States,  civil  government,  theory 
and  practice,  and  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  stimulants  and  narcotics  generally 
upon  the  human  system.  (R.  S.  1889,  §  8023.) 

SEC.  9799.  Instruction  in  physiology  and  hygiene.— 
Physiology  and  hygiene,  including  their  several  branches,  with  spe- 
cial instruction  as  to  the  effect  of  alcoholic  drinks,  narcotics  and 
stimulants  on  the  human  system,  shall  constitute  a  part  of  the  course 
of  instruction,  and  be  taught  in  all  schools  supported  wholly  or  in 
part  by  public  money,  or  under  state  control.  (R.  S.  1889,  §  8024, 
amended,  Laws  1897,  p.  233.) 

SEC.  9800.  Register  of  attendance.— It  shall  be  the  duty 
of  every  teacher  employed  in  any  of  the  public  schools  of  the  state  to 
keep  a  daily  register,  in  which  the  names,  ages  and  date  of  entrance 
of  the  pupils  shall  be  entered,  and  the  studies  pursued  by  the  same; 
the  date  of  each  visitation  by  the  directors  or  other  school  officers; 
which  register  shall  be  open  to  the  inspection  of  the  public  at  all 
times,  (R.  S.  1889,  §  8025.) 

SEC.  9801.  Monthly  and  term  reports.— It  shall  be  the  duty 
of  every  teacher  to  make  out  and  file  with  the  district  clerk,  at  the 
expiration  of  each  month,  a  report  of  the  number  of  pupils  in  at- 
tendance during  the  month,  distinguishing  between  male  and  female, 
the  average  attendance,  and  such  other  statistics  as  the  directors, 
by  order,  may  require,  and  no  warrant  shall  be  ordered  by  the  board 
or  drawn  by  the  clerk  for  such  month's  salary  until  such  monthly 
report  has  been  made  and  filed  with  the  district  clerk;. and  at  the 
close  of  the  term  a  report,  embracing  a  summary  of  the  above,  to- 
gether with  the  length  of  term  taught,  wages  paid  teachers  em- 
ployed, and  such  other  information  as  the  board,  by  its  official  acts, 
may  require;  and  no  warrant  shall  be  issued  by  said  clerk  in  favor  of 
such  teacher  for  the  last  month's  salary  of  such  term,  until  he  shall 
have  filed  with  said  clerk  such  term  report.  (R.  S.  1889,  §  8026.) 

Teacher  must  make  out  and  file  with  clerk  of  district  monthly  report  to  entitle 
him  to  his  wages.  24  A.  213. 

Many  teachers  are  careless  in  making  their  monthly  and  term  reports,  often 
using  lead  pencil  instead  of  pen  and  ink,  and  sometimes  using  any  kind  of  paper 
instead  of  the  proper  blanks  sent  out  from  this  department.  In  a  graded  school 
composed  of  a  number  of  teachers,  the  assistant  teachers  should  make  their  reports  to 
the  principal  or  superintendent,  and  he  should  condense  these  reports  and  make  one 
report  to  the  board.  "No  warrant  shall  be  issued  by  said  clerk  in  favor  of  such  teacher 


47 

for  the  last  month's  salary  of  such  term  unless  he  shall  have  filed  with  said  clerk 
such  term  report."  This  should  be  strictly  adhered  to.  See  also  section  9788.  "Where  a 
teacher  in  a  school  district  failed  to  make  out  and  file  with  the  clerk  of  the  school 
district  the  monthly  report  required  by  the  statute,  the  board  of  directors  of  the 
school  district  had  no  power  to  order  the  payment  of  such  teacher's  wages  under  the 
statute,  and  he  could  not  lawfully  recover  judgment  against  the  school  district  on 
account  of  a  claim  which  the  statute  prohibited  it  from  paying."  24  A.  214.  Notice  also 
the  following  from  30  A.  113:  "A  teacher  does  not  forfeit  any  right  under  his  contract, 
or  under  the  law,  by  failing  to  make  monthly  reports  when,  by  action  of  the  directors, 
the  school  has  been  closed  and  there  is,  therefore,  nothing  to  report."  The  term 
report  blank  calls  for  individual  pupils  reports.  A  school  board  lays  its  members 
personally  responsible  if  it  pays  the  teacher  the  last  month's  salary  before  this  term 
report  is  made  according  to  the  prescribed  blank. 

SEC.  9802.  Attendance  at  teachers'  institutes.— It  shall 
be  the  duty  of  each  and  every  teacher,  as  soon  as  teachers'  institutes 
may  be  established  in  the  county  by  law,  to  become  members  thereof, 
and  as  far  as  possible,  to  attend  all  regular  meetings  of  the  same. 
(R.  S.  1889,  §  8027.) 

SEC.  9803.  County  commissioner — eligibility  —  time  of 
election  and  term  of  office. — There  is  hereby  created  the  office 
of  county  commissioner  of  public  schools,  the  incumbent  of  which 
office  shall  be  at  least  twenty-one  years  of  age,  a  resident  of  the 
county  when  elected  for  at  least  one  year  prior  to  such  election,  and 
shall  hold  a  first-grade  county  certificate,  normal  or  state  certificate, 
entitling  him  to  teach  in  the  public  schools  of  such  county.  There 
shall  be  one  county  school  commissioner  for  each  county  in  the  state, 
who  shall  be  elected  by  the  qualified  voters  of  the  counties,  at  the 
annual  district  school  meetings  held  in  said  county  on  the  first  Tues- 
day in  April,  1891,  and  every  two  years  thereafter.  And  in  school 
districts  composed  of  parts  of  districts  lying  in  two  or  more  counties, 
the  qualified  voters  residing  in  any  fractional  part  of  such  district, 
having  no  school-house  located  in  the  county  where  such  fractional 
part  of  such  district  is  situated,  may  after  the  transaction  of  the  busi- 
ness of  the  annual  school  meeting,  retire  to  some  convenient  place 
selected  by  the  county  commissioner  in  the  school  district  lying  with- 
in the  county  of  which  they  are  residents,  and  shall  organize  their 
meeting  and  cast  their  vote  for  county  commissioner  of  public  schools, 
as  is  provided  for  annual  school  meetings,  in  section  9750  of  this  chap- 
ter, and  the  officers  elected  at  such  meeting  shall  perform  the  same 
duties  as  similar  officers  at  the  annual  school  meeting  provided  for 
in  said  section:  Provided,  that  in  cities,  town  and  village  districts 
the  voters  in  the  county  other  than  where  the  school  house  is  situated 
may  organize  at  the  same  time  as  the  meeting  is  organized  at  the 
school-house  for  the  purpose  of  voting  for  school  commissioner,  and 
no  other.  All  returns  of  elections  held  under  this  section  shall  be 
made  to  the  clerk  of  the  county  court  of  each  county,  whose  duty  it 


48 

shall  be  to  cast  up  said  returns,  and  give  to  the  person  having  the 
greater  number  of  votes,  a  certificate  of  election,  for  which  he  shall 
receive  fifty  cents,  to  be  paid  by  the  party  receiving  the  certificate, 
and  the  county  clerk  shall  certify  said  election  to  the  state  superin- 
tendent. Contested  elections  under  this  section  to  be  decided  by 
the  county  court.  S'aid  commissioner  of  public  schools  shall  hold  his 
office  for  two  years,  and  until  his  successor  is  elected  and  qualified; 
and  all  vacancies  caused  by  death,  resignation,  refusal  to  serve,  or 
removal  from  the  county,  shall  be  filled  by  the  governor,  by  appoint- 
ment, for  the  unexpired  term;  the  county  commissioner  shall  turn 
over  all  books,  papers,  certificates,  stub-books  and  records  in  his  pos- 
session to  his  successor.  (R.  S.  1889,  §  8028,  amended,  Laws  1895,  p. 
262,  amended.) 

One  must,  when  elected,  have  a  teacher's  certificate  in  order  to  qualify  him  to 
hold  the  office  of  county  commissioner.  129  Mo.'  431. 

The  qualifications  of  county  commisioner  as  set  forth  in  this  section  are:  (1)  he 
"shall  be  at  least  twenty-one  years  of  age;"  (2)  a  resident  of  the  county  when  elected 
for  at  least  one  year  prior  to  such  election;  (3)  shall  hold  a  first-grade  county  certif- 
icate, normal  or  State  certificate  entitling  him  to  teach  in  the  schools  of  such  county. 

SEC.  9804.    Id.    Determining  election  of — commissioner. 

The  vote  for  county  commissioner  shall  be  cast  up  and  the  result  an- 
nounced to  the  meeting  and  entered  upon  the  record  of  the  proceed- 
ings. A  certificate  containing  the  names  of  the  persons  voted  for,  and 
the  number  of  votes  cast  for  each,  shall  be  delivered  by  the  district 
clerk  within  five  days  thereafter  to  the  county  clerk,  the  said  certif- 
icate to  be  signed  by  the  chairman  and  secretary  of  the  meeting;  and 
the  county  clerk  shall,  within  ten  days  after  the  annual  school  meet- 
ing, cast  up  the  same  and  issue  a  commission,  attested  by  the  seal 
of  his  court,  to  the  person  receiving  the  highest  number  of  votes  at 
such  election.  And  such  commission,  while  in  force,  shall  entitle  said 
commissioner  to  all  the  rights  and  privileges  accruing  to  any  teacher 
of  the  county  by  virtue  of  his  holding  a  certificate  granted  by  said 
commissioner  in  accordance  with  section  9805.  (R.  S.  1889,  §  8029.) 

129  Mo.  431. 

At  the  close  of  the  ballot  for  county  commissioner  the  secretary  of  the  meeting 
should  cast  up  the  vote  and  enter  same  upon  the  record  of  the  proceedings  and  the 
chairman  should  announce  the  result  to  the  meeting.  Within  five  days  after  the  meet- 
ing, the  district  clerk  must  deliver  to  the  county  clerk  a  certificate  containing  the 
names  of  the  persons  voted  for  and  the  number  of  votes  cast  for  each.  This  certif- 
icate must  be  signed  by  the  chairman  and  secretary  of  the  meeting,  and  may  be  in 
the  following  form: 

We,  ,  chairman,  and  ,  secretary,  of  the  annual  school  meeting  held  in 

district  No.  ,  township  ,  range ,  county  of  ,  on  the  day  of  April,  19—, 

hereby  certify  that  at  said  meeting  received  votes  for  the  office  of  county 

school  commissioner; received votes  for  the  office  of  County  School  Commis- 
sioner. 

In  testimony  whereof  we  have  hereunto  set  our  hands  this  day  of  April,  19—. 


Secretary.  Chairman. 


49 

The  law  requires  the  county  clerk  to  issue  a  commission,  attested  by  the  seal  of 
his  court,  to  the  person  receiving  the  highest  number  of  votes. 

The  county  clerk  may  lawfully  count  all  votes  received  up  to  the  date  of  issuing 
the  commission.  The  commission,  while  in  force,  has  the  effect  of  a  regularly  issued 
first-grade  county  certificate. 

The  commission  spoken  of  in  this  section  is  issued  by  the  county  clerk,  129  Mo.  438. 

SEC.  9805.  Examination  of  teachers. — It  shall  be  the  duty 
of  said  commissioner  to  examine  all  persons  presenting  themselves 
for  that  purpose,  and  if  found  qualified,  to  grant  them  certificates  as 
teachers  of  public  schools  within  said  county.  All  persons  making 
application  for  such  certificate  shall  pay  before  such  examination,  to 
the  county  commissioner,  the  sum  of  one  dollar  and  fifty  cents.  The 
commissioner  must  be  satisfied  that  the  applicant  presenting  himself 
is  qualified  as  prescribed  in  section  9798.  The  certificate  thus  granted, 
to  be  of  force  only  in  the  county  for  which  it  was  granted,  shall  not 
be  issued  for  a  period  less  than  twelve  months  nor  longer  than  two 
years,  to  be  graduated  by  the  character  of  the  examination  the  appli- 
cant sustains,  and  may  be  revoked  for  incompetency,  cruelty,  im- 
morality, drunkenness  or  neglect  of  duty,  when  satisfactory  proof 
thereof  is  furnished  the  commissioner — all  charges  to  be  preferred  in 
writing  and  signed  by  the  party  or  parties  filing  the  accusation.  A 
record  of  all  certificates  granted  and  revoked  shall  be  kept  by  the 
commissioner — said  record  exhibiting  the  number  granted,  the  date, 
grade  and  length  of  time  for  which  each  certificate  was  given,  and 
the  name,  age,  sex  and  nativity  of  the  person  receiving  the  same. 
(R.  S.  1889,  §  8030.) 

A  school  district  cannot  enjoin  teacher,  when.  50  A.  65.  The  directors  have  no 
power  to  discharge  teacher  for  cruel  treatment.  7S  Mo.  226. 

SEC.  9806.  Examination  for  certificates. — If  any  county 
commissioner  of  public  schools  shall  give  or  grant  to  any  person  a 
certificate  to  teach  in  any  of  the  public  schools  of  this  state,  without 
first  having  examined  such  person  as  to  his  or  her  qualifications  in 
the  branches  required  by  law  to  be  taught  in  the  public  schools  of 
this  state,  he  shall,  on  conviction,  be  adjudged  guilty  of  a  misde- 
meanor, and  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars:  Provided,  the  commissioner  may  renew  a 
certificate  of  the  same  grade,  having  once  examined  and  granted  the 
applicant  a  certificate,  but  the  grades  upon  such  renewed  certificate 
shall  be  identically  the  same  as  those  upon  former  certificate  and 
shall  not  be  raised  except  by  examination.  (R.  S.  1889,  §  8031.) 

SEC.  9807.  Two  grades  of  certificates,  to  contain  what. 
There  shall  be  two  grades  of  certificates  issued  by  the  county  school 
commissioner,  to  be  known  as  "first  grade  certificate,"  and  "second 
grade  certificate."  The  second  grade  certificate  shall  contain  all  the, 

S-4 


50 

branches  enumerated  in  section  9798,  and  shall  be  authority  to  teach 
in  the  county  for  a  period  of  one  year  if  not  sooner  revoked,  and  the 
first  grade  certificate  shall  contain  in  addition  to  the  branches  enu- 
merated for  a  second  grade  certificate,  etymology,  algebra,  zoology, 
rhetoric,  botany,  geometry,  physics  and  literature,  and  shall  be  au- 
thority to  teach  in  the  county  for  a  period  of  two  years  unless  sooner 
revoked.  In  each  and  every  branch  enumerated  in  the  certificate  for 
which  application  is  made,  the  applicant  shall  maintain  a  grade  of  six- 
ty per  cent,  on  the  questions  submitted,  and  the  average  grade  upon 
each  certificate  granted  shall  be  at  least  eighty.  All  examinations  must 
be  conducted  in  writing,  and  the  papers  submitted  to  the  commission- 
er by  the  applicant  shall  be  kept  on  file  in  the  office  of  the  county  com- 
misioner,  and  shall  be  open  to  inspection  by  any  school  board  that 
may  desire  to  examine  them.  (R.  S.  1889,  §  8032.) 

SEC.  9808.  Report  to  be  made. — It  shall  be  the  duty  of  said 
commissioner,  under  the  direction  of  the  state  superintendent,  to  con- 
dense and  return  to  the  office  of  state  superintendent  of  public  schools, 
on  or  before  the  31st  day  of  August  in  each  year,  the  education  statis- 
tics of  the  county,  as  reported  by  the  various  officers  therein  required 
to  report  to  him,  see  that  the  directors  and  other  school  officers  are 
supplied  with  the  law  and  the  necessary  blanks  for  making  the  vari- 
ous reports  required,  and  perform  such  other  duties  as  may  be  re- 
quired by  the  slate  superintendent.  (R.  S.  1889,  §  8033.) 

SEC.  9809.  Compensation  for  office  duties. — He  shall  re- 
ceive for  services  specified  under  this  chapter,  as  follows:  For  making 
the  reports  required  under  this  chapter,  and  perfecting  the  record 
of  his  office,  in  counties  of  less  than  ten  thousand  inhabitants,  the  sum 
of  twenty  dollars;  of  ten  thousand  and  less  than  fifteen  thousand,  the 
sum  of  thirty  dollars;  of  fifteen  thousand  and  less  than  twenty  thou- 
sand, the  sum  of  thirty-five  dollars;  of  twenty  thousand  and  upward, 
the  sum  of  forty  dollars — to  be  paid  by  the  county  court  upon  presen- 
tation of  the  notice  of  the  state  superintendent  acknowledging  the 
receipt  of  the  report.  (R.  S.  1889,  §  8034.) 

SEC.  9810.  County  supervision,  how  adopted.— Whenever 
the  inhabitants  of  any  county  in  this  state  may  desire  to  establish 
county  school  supervision  in  and  for  said  county,  and  elect  a  county 
school  superintendent  therefor,  the  same  may  be  accomplished  in  the 
following  manner :  Upon  the  reception  of  a  petition  setting  forth  said 
facts  and  signed  by  one  hundred  resident  freeholders,  the  county  court 
shall  order  an  election  held  therefor  at  the  next  annual  school  meet- 
ing, thirty  days'  notice  to  be  given  of  said  election,  by  publication  in 
at  least  two  county  papers,  if  there  be  that  number  published  in  said 
county,  within  the  county;  and  the  vote  therefor  shall  be  by  ballot; 


51 

those  voting  therefor  shall  have  written  or  printed  on  their  ballots 
"For  supervision,"  and  those  voting  against  shall  have  written  or 
printed  on  their  ballots  "Against  supervision"  and  should  a  majority 
of  the  votes  cast  upon  said  proposition  be  for  supervision,  the  county 
clerk  shall  declare  by  publication  the  adoption  of  county  supervision 
in  and  for  said  county.  The  vote  shall  be  cast  up  at  the  annual  meet- 
ing, forwarded  to  the  county  clerk,  and  by  him  counted  and  an- 
nounced in  the  same  manner  as  the  vote  for  county  school  commis- 
sioner; all  elections  held  for  county  superintendent  shall  be  governed 
by  the  law  controlling  the  election  and  qualification  of  the  county 
commissioner,  and  all  vacancies  shall  be  for  like  cause  and  filled  in 
like  manner;  should  county  supervision  be  adopted  at  the  annual  meet- 
ing near  the  middle  of  the  term  of  the  county  commissioner,  the  com- 
missioner then  in  office  shall  comply  with  the  requirements  of  the 
next  section,  and  serve  as  county  superintendent  for  the  ensuing  year 
and  until  his  successor  is  elected  and  qualified.  (B.  S.  1889,  §  8035.) 

SEC.  9811.  Oath,  bond  and  office  of  the  superintendent. 
Before  entering  upon  the  duties  of  his  office,  the  county  superintend- 
ent shall  take  and  subscribe  an  oath  to  faithfully  and  impartially  dis- 
charge the  duties  of  his  office  under  law;  he  shall  give  a  penal  bond 
in  the  sum  of  double  the  amount  of  his  salary,  conditioned  upon  the 
faithful  performance  of  his  official  duties  and  the  proper  application 
and  care  of  all  moneys,  books,  records,  papers,  furniture  or  other  prop- 
erty in  his  possession  or  under  his  control,  said  bond  to  be  indorsed 
by  two  or  more  sureties,  wrho  are  resident  freeholders  and  absolutely 
solvent,  and  accepted  by  the  county  court,  or  the  county  clerk  in  vaca- 
tion; said  bond  shall  be  made  payable  to  the  county  court,  and  upon 
its  forfeiture  the  said  court  shall  institute  suit  on  such  bond,  and 
place  any  amount  recovered  on  same,  less  the  cost  of  recovery,  to  the 
credit  of  the  permanent  county  school  fund  of  said  county.  He  shall 
keep  his  office  at  the  county  seat,  and  for  this  purpose  the  county 
court  shall  supply  him  with  a  suitable  room,  properly  furnished, 
wherein  all  records,  books,  papers,  furniture  and  other  property  there- 
to belonging  shall  be  securely  kept,  and  at  the  expiration  of  his  term 
of  office  he  shall  turn  the  same  over  to  his  successor  in  good  condi- 
tion; and  said  court  shall  supply  the  superintendent  with  all  neces- 
sary record  books,  stationery  and  postage  stamps  for  conducting  the 
business  of  his  office  properly,  and  shall  allow  all  necessary  printing 
of  notices  and  circulars  of  information,  the  same  to  be  paid  for  by 
warrant  upon  the  county  treasurer.  (R.  S.  1889,  §  8036.) 

SEC.  9812.  Official  duties  of  county  superintendent.— 
The  county  superintendent  shall  have  general  supervision  ovet  all  the 
schools  of  his  county,  except  in  cities  having  more  than  one  thousand 


52 

children  of  school  age  by  the  last  enumeration  of  school  children  pre- 
ceding his  election  and  organized  as  a  city  school  district,  and  shall 
perform, all  the  duties  now  required  by  the  county  commissioner  and 
receive  like  compensation  therefor;  he  shall  visit  each  school  district 
in  his  county  as  often  as  practicable;  he  shall  examine  the  classifica- 
tion of  the  pupils,  the  methods  of  instruction,  the  manner  of  discipline, 
the  order  maintained,  the  results  secured,  and  make  such  suggestions 
to  the  teachers — in  private — as  he  may  deem  advisable;  he  shall  in- 
spect the  ventilation,  note  the  condition  of  the  building,  furniture, 
apparatus,  grounds  and  appurtenances  thereto  belonging,  and  report 
the  same  to  the  board  in  writing,  with  such  suggestions  as  he  may 
consider  necessary  to  the  health,  comfort  and  progress  of  the  pupils; 
he  shall  examine  the  teachers'  register  and  the  district  records  to 
see  if  they  are  kept  according  to  law,  and  recommend  such  changes 
or  improvements  as  he  may  think  proper;  he  shall  instruct  the  dis- 
trict clerks,  when  necessary,  how  to  make  their  reports,  and  see  that 
all  warrants  have  been  duly  issued  "by  order  of  the  board,"  either  for 
services  actually  rendered  or  for  material  actually  furnished;  he  shall 
organize  a  county  teachers'  institute  in  his  county  and  require  the 
teachers  to  attend,  unless  excused  for  satisfactory  reasons,  he  shall 
hold  public  meetings  in  each  municipal  township  in  the  county  an- 
nually for  the  purpose  of  discussing  educational  questions,  interpret- 
ing the  school  law,  counseling  with  teachers  and  school  officers,  and 
endeavor  to  elevate  and  advance  the  cause  of  education  among  the 
people;  he  shall  formulate  a  course  of  study  and  a  plan  for  grading 
the  schools  of  his  county,  and  forward  a  copy  thereof  to  each  district 
clerk  and  to  each  teacher  employed  in  the  county,  and  require  the 
same  to  be  followed  as  nearly  as  practicable;  he  shall  hold  one  public 
examination  each  month  at  the  county  seat,  notice  thereof  to  be  given 
by  publication,  and  the  instructions  of  the  state  superintendent  shall 
be  his  guide  in  the  examination,  grading  and  licensing  of  teachers; 
he  shall  examine  the  records  of  the  county,  so  far  as  relates  to  school 
funds  and  school  moneys,  see  that  the  law  is  strictly  observed,  and 
shall  be  present  at  the  August  term  of  the  county  court  to  give  such 
information  as  may  be  of  importance  to  said  court  in  the  transactions 
of  matters  pertaining  to  the  school  interests  of  the  county;  and  the 
instructions  of  the  state  superintendent  shall  be  his  guide  in  the  in- 
terpretation and  execution  of  the  law.  (R.  S.  1889,  §  8037.) 

SEC.  9813.  Compensation  of  the  county  superintendent. 
The  county  superintendent  shall  be  allowed  an  annual  salary,  to  be 
paid  out  of  the  county  treasury,  as  follows:  In  all  counties  wherein 
the  number  of  children  of  school  age  is  less  than  two  thousand,  he 
shall  receive  two  hundred  dollars;  where  the  number  is  two  thousand. 


53 

and  less  than  three  thousand,  he  shall  receive  three  hundred  dollars; 
where  the  number  is  three  thousand  and  less  than  four  thousand,  he 
shall  receive  four  hundred  dollars;  where  the  number  is  four  thousand 
and  less  than  five  thousand,  he  shall  receive  five  hundred  dollars; 
where  the  number  is  five  thousand  and  less  than  six  thousand,  he  shall 
receive  six  hundred  dollars;  where  the  number  is  six  thousand  and  less 
than  seven  thousand,  he  shall  receive  seven  hundred  dollars;  where 
the  number  is  seven  thousand  and  less  than  eight  thousand,  he  shall 
receive  eight  hundred  dollars;  where  the  number  is  eight  thousand 
and  less  than  nine  thousand,  he  shall  receive  nine  hundred  dollars; 
and  in  all  counties  wherein  the  number  is  nine  thousand  or  more,  he 
shall  receive  one  thousand  dollars.  The  salary  of  each  county  superin- 
tendent under  this  section  shall  be  determined  by  the  state  superin- 
tendent from  the  last  enumeration  on  file  in  his  office  at  the  time  of 
the  election  of  said  county  superintendent;  and  the  state 
superintendent  shall  transmit  a  certified  copy  of  said  enu- 
meration and  salary  of  said  county  superintendent  to  the 
county  clerk  of  the  county  adopting  county  supervision;  but  in  ascer- 
taining the  salary  of  said  county  superintendent,  the  state  superin- 
tendent shall  deduct  from  the  total  enumeration  for  any  and  each 
county  the  enumeration  of  any  and  all  city  school  districts  whose 
enumeration  exceeds  one  thousand  children  of  school  age.  At  each 
regular  term  of  the  county  court,  said  court  shall  order  a  warrant 
drawn  in  favor  of  the  county  superintendent  for  one-fourth  of  his 
annual  salary  under  this  section,  if  satisfied  he  has  faithfully  per- 
formed the  duties  of  his  office,  and  the  same  shall  be  paid  by  the 
county  treasurer  out  of  the  county  treasury.  (R.  S.  1889,  §  8038.) 

SEC.  9814.  Duties  of  state  board  of  education.  —  The 
supervision  of  instruction  in  the  public  schools  shall  be  vested  in  a 
"board  of  education,"  whose  powers  and  duties  shall  be  prescribed  by 
law.  The  superintendent  of  public  schools  shall  be  president  of  the 
board;  the  governor,  secretary  of  state  and  attorney-general  shall  be 
ex  officio  members,  and,  with  the  superintendent,  compose  said  board 
of  education.  It  shall  be  the  duty  of  the  state  board  of  education  to 
take  the  general  supervision  over  the  entire  educational  interests  of 
the  state;  to  direct  the  investment  of  all  moneys  received  by  the  state 
to  be  applied  to  the  capital  of  any  fund  for  educational  purposes;  to 
see  that  all  funds  are  applied  to  such  branch  of  the  educational  in- 
terest of  the  state  as  by  grant,  gift,  devise  or  law  they  were  originally 
intended.  (R.  S.  1889,  §  8039.) 

SEC.  9815.  Duty  of  board  in  relation  to  swamp  lands.— 
The  state  board  of  education  is  hereby  required  to  ascertain  from  all 
the  various  counties  in  the  state  having  swamp  or  other  school  lands 


54 

what  disposition  has  been  made  of  the  same,  and  when  in  any  case  it 
shall  be  ascertained  that  the  objects  of  the  grant  have  been  violated, 
the  funds  arising  therefrom  perverted,  or  the  lands  or  moneys  used 
for  any  purpose  other  than  those  named  in  the  grant,  and  by  the  law 
intended,  it  shall  be  their  duty  to  institute  suits  to  recover  the  same 
in  the  name  of  the  state  in  behalf  of  the  public  schools  of  the  county 
in  which  such  lands  lie.  (R.  S.  1889,  §  8040.) 

SEC.  9816.  Duty  as  to  state  school  fund  of  counties.— 
It  shall  also  be  the  duty  of  the  said  board  of  education  to  ascertain 
from  all  the  counties  of  the  state  what  disposition  has  been  made  of 
the  state  school  fund  drawn  by  the  counties  from  the  state  yearly, 
how  much  thereof  has  been  transferred  to  the  school  townships;  and 
when  any  such  fund,  or  any  part  thereof,  has  been  diverted  from  its 
lawful  use,  it  shall  be  their  duty,  in  like  manner  as  in  the  last  section 
provided,  to  institute  suit  for  and  collect  the  same  and  return  it  to 
its  legitimate  channel.  (R.  S.  1889,  §  8041.) 

SEC.  9817.  Power  to  employ  attorneys — fees  for  services 
of  same. — The  state  board  of  education  shall  have  power  to  employ 
a  competent  attorney  in  each  congressional  district  to  prosecute  the 
suits  mentioned  in  the  preceding  section,  and  who,  for  such  services, 
shall  be  allowed  the  following  per  cent,  as  fees.  For  all  claims  prose- 
cuted to  final  judgment  in  favor  of  the  state  or  county  as  plaintiff, 
on  all  sums  under  five  hundred  dollars,  ten  per  cent.;  between  five  hun- 
dred and  one  thousand  dollars,  seven  per  cent.;  between  one  thousand 
and  two  thousand  dollars,  five  per  cent.;  between  two  thousand  and 
four  thousand  dollars,  three  per  cent.;  between  four  thousand  and 
eight  thousand  dollars,  two  per  cent.;^  and  for  all  sums  over  eight 
thousand  dollars,  one  per  cent. — such  fees  to  be  paid  said  attorney 
out  of  the  sums  collected;  and  where  lands  are  recovered  by  suits 
instituted  by  such  attorneys,  they  shall  be  allowed  such  sums  for  their 
services  as  may  be  deemed  reasonable  by  the  county  court  of  the 
county  in  which  the  lands  recovered  are  situated,  to  be  paid  out  of 
the  county  treasury;  but  if  said  county  court  shall  neglect  or  refuse 
to  allow  reasonable  compensation  for  the  services  of  said  attorneys 
in  prosecuting  suits  for  the  recovery  of  lands  as  above  set  forth,  then 
such  attorneys  may  bring  suit  in  the  circuit  court  of  the  proper 
county,  against  the  county  the  court  of  which  so  refuses  or  neglects  to 
allow  compensation,  and  the  amount  thus  recovered  shall  stand  as  a 
judgment  against  the  county  in  which  said  lands  are  located  upon 
which  suit  was  brought.  And  it  shall  be  the  further  duty  of  said 
attorneys  to  examine  the  records  and  papers  relating  to  school  lands 
and  funds  in  the  counties  of  the  district  for  which  they  are  appointed, 


and  report  the  condition  of  the  same  to  the  stateHnmrd  of  education, 
and  they  shall  receive,  as  compensation  therefor,  the  suin  of  six  dol- 
lars per  day  for  the  time  actually  employed  in  such  examination,  said 
amount  to  be  audited  by  the  state  board  of  education,  and  paid  out 
of  any  moneys  in  the  state  treasury  not  otherwise  appropriated: 
Provided,  that  no  more  than  five  days  shall  be  employed  in  such  exam- 
ination in  any  one  county,  except  upon  an  order  of  the  state  board 
of  education.  (E.  S.  1889,  §  8042.) 

SEC.  9818.  Board  to  make  report  of  proceedings  to  gen- 
eral assembly. — Said  board  of  education  shall  report  to  each  ses- 
sion of  the  legislature  their  proceedings  under  this  chapter,  stating 
therein  what  suits  have  been  instituted,  the  amount  of  money  col- 
lected, if  any,  and  the  land  recovered,  if  any,  naming  the  counties  in 
which  such  suits  were  instituted  and  lands  recovered,  with  such  other 
information  as  may  be  deemed  important.  (R.  S.  1889,  §  8043.) 

SEC.  9819.  Public  school  fund— from  what  sources  de- 
rived, and  how  invested. — There  is  hereby  created  a  public  school 
fund,  the  annual  income  of  which  shall  be  applied  as  hereinafter  di- 
rected. The  proceeds  of  all  lands  that  have  been  or  may  be  hereafter 
granted  by  the  United  States  to  this  state,  and  not  otherwise  appro- 
priated by  this  state  or  United  States;  also,  all  moneys,  stocks,  bonds, 
lands  or  other  property  now  belonging  to  any  fund  for  the  purposes  of 
education,  except  wherein  the  vested  rights  of  townships,  counties, 
cities  or  towns  would  be  infringed;  also,  the  net  proceeds  of  the  state 
tobacco  warehouse,  and  of  all  sales  of  lands  and  other  property  and 
effects  that  may  accrue  to  the  state  by  escheat,  or  for  unclaimed  divi- 
dends or  distributive  shares  of  the  estate  of  deceased  persons,  or  from 
fines,  penalties  or  forfeitures;  also  any  proceeds  from  the  sales  of 
public  lands  which  may  have  been  or  hereafter  may  be  paid  over  to 
this  state,  if  congress  will  consent  to  such  appropriation;  also,  all 
other  grants,  gifts  or  devises  that  have  been  or  hereafter  may  be  made 
to  this  state,  and  not  otherwise  appropriated  by  the  terms  of  the 
grant,  gift  or  devise;  which  shall  be  invested  under  the  direction  of 
the  state  board  of  education,  either  in  bonds  of  the  United  States, 
bonds  of  the  state  of  Missouri  or  state  certificates  of  indebtedness, 
the  income  of  which,  together  with  not  less  than  twenty-five  per  cent, 
of  the  state  revenue,  shall  be  applied  annually  to  the  support  of  the 
public  schools  provided  for  in  this  chapter,  to  be  apportioned  as  here- 
inafter provided.  (E.  S.  1889,  §  8044.) 

SEC.  9820.  Account  kept  by  whom. — The  regular  account  of 
the  public  school  fund  shall  be  kept  by  the  state  auditor,  who  shall 
quarterly  certify  to  the  treasurer  a  copy  of  such  accounts  not  before 
reported  by  him;  and  in  all  accounts  kept  he  shall  state  the  amount 


56       • 

of  revenue  belonging  to  that  portion  of  the  fund  set  apart  for  the 
university  provided  for  in  the  constitution,  separate  and  apart  from 
that  belonging  to  the  public  schools.  (R.  S.  1889,  §  8045.) 

SEC.  9821.  Duties  of  state  auditor.— It  shall  be  the  duty  of 
the  state  auditor,  and  he  shall  have  power:  First,  to  keep  and  state 
all  accounts  with  the  treasurer  and  all  other  persons  in  relation  to  the 
public  school  funds,  and,  upon  order  of  the  state  board  of  education, 
to  direct  the  collection  of  all  moneys  due  on  account  thereof;  second, 
to  draw  warrants  on  the  treasurer  for  the  payment  of  all  moneys  di- 
rected by  law  to  be  paid  out  of  such  public  school  fund,  or  the  income 
thereof;  third,  to  require  all  persons  who  shall  have  received  any 
money  belonging  to  said  fund  or  income,  and  shall  not  have  accounted 
therefor,  to  settle  their  accounts;  fourth,  to  sue  for  and  recover,  by  di- 
rection of  the  state  board  of  education,  all  moneys  due  by  any  person 
on  account  of  such  fund  or  income;  fifth,  to  require  the  treasurer,  from 
time  to  time,  to  report  to  him  such  accounts,  statements  and  informa- 
tion relating  to  the  funds  and  property  dedicated  to  the  use  of  pub- 
lic schools  as  it  may  be  in  their  power  to  report;  sixth,  to  exhibit  to 
the  legislature,  at  each  session  thereof,  a  complete  account  and  report 
of  the  state  of  the  public  school  funds  and  property,  and  receipts  and 
expenditures  thereof.  (R.  S.  1889,  §  8046.) 

SEC.  9822.  Investment  of  money  belonging-  to  capital 
of  fund. — Whenever  there  shall  be  in  the  treasury  or  elsewhere,  sub- 
ject to  the  order  of  the  treasurer,  any  money  belonging  to  the  capital 
ct  the  public  school  funds,  the  state  auditor  shall  make  reports  thereof 
to  the  state  board  of  education,  who  shall  direct  the  investment  of  the 
same  in  bonds  of  the  United  States,  bonds  of  the  state  of  Missouri,  or 
state  certificates  of  indebtedness.  That  portion  of  the  income  and 
revenue  to  be  distributed  for  the  support  of  the  public  schools  shall 
be  payable  on  the  warrant  of  the  auditor,  in  favor  of  the  treasurers 
of  the  several  counties,  in  each  year,  immediately  after  the  apportion- 
ment of  such  moneys  shall  have  been  made  and  filed:  Provided,  that 
such  portion  of  said  income  and  revenue  as  falls  to  the  share  of  the 
city  of  St.  Louis  shall  be  made  payable  to  the  secretary  and  treasurer 
of  the  school  board  of  the  city  of  St.  Louis.  (R.  S.  1889,  §  8047.) 

SEC.  9823.  Duties  of  state  treasurer. — It  shall  be  the  duty 
of  the  state  treasurer:  First,  to  receive  and  safely  keep  all  bonds, 
stocks  or  money  which  shall,  from  time  to  time,  be  paid  into  the  state 
treasury  on  account  of  the  public  school  fund  or  the  income  thereof; 
second,  to  pay  all  warrants  lawfully  drawn  by  the  auditor  on  such 
fund  or  income;  third,  to  exhibit  to  the  board  of  education,  quarter- 
yearly,  such  account  and  reports  as  they  may  require,  relating  to  the 
public  school  funds  or  lands  and  income  thereof,  and  in  the  power  of 


57 


the  treasurer  to  exhibit;  fourth,  to  exhibit  to  the  legislature,  at  each 
regular  session,  exact  accounts  of  all  receipts  and  expenditures  on 
account  of  the  school  fund  or  its  income,  and  a  report  of  all  such  in- 
formation as  may  be  in  his  power  relating  to  such  funds  or  lands, 
(R.  S.  1889,  §  8048.) 

SEC.  9824.  County  school  funds.— It  is  hereby  made  the  duty 
of  the  several  county  courts  of  this  state  to  diligently  collect,  preserve 
and  securely  invest,  at  the  highest  rate  of  interest  that  can  be  ob- 
tained, not  exceeding  eight  nor  less  than  five  per  cent,  per  annum,  on 
unincumbered  real  estate  security,  worth  at  all  times  at  least  double 
the  sum  loaned,  with  personal  security  in  addition  thereto,  the  pro- 
ceeds of  all  moneys,  stocks,  bonds  and  other  property  belonging  to  the 
county  school  fund;  also,  the  net  proceeds  from  the  sale  of  estrays; 
also,  the  clear  proceeds  of  all  penalties  and  forfeitures,  and  of  all  fines 
collected  in  the  several  counties  for  -any  breach  of  the  penal  or  mili- 
tary laws  of  this  state,  and  all  moneys  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty,  shall  belong  to  and 
be  securely  invested  and  sacredly  preserved  in  the  several  counties  as 
a  county  public  school  fund,  the  income  of  which  fund  shall  be  col- 
lected annually,  and  faithfully  appropriated  for  establishing  and 
maintaining  free  public  schools  in  the  several  counties  of  the  state. 
(R.  S.  1889,  §  8049,  amended,  Laws  1893,  p.  250.) 

Failure  of  county  court  to  take  mortgage  in  fee  on  unincumbered  real  estate  does 
not  release  surety  on  note.  15  Mo.  604;  103  Mo.  492. 

Powers  of  county  court,  sureties  on  school  fund,  bonds,  etc.,  discussed.  103  Mo. 
492.  The  judges  of  the  county  court  will  be  held  accountable  for  any  diversion  of  the 
school  funds.  110  Mo.  67. 

SEC.  9825.  School  fund  not  to  be  loaned  to  certain  per- 
sons— penalty. — The  county  court  shall  not  loan  any  money  belong- 
ing to  the  school  fund  to  any  officer  of  the  county  or  his  deputy,  nor 
shall  such  officer  or  his  deputy  be  accepted  as  surety  on  the  obligation 
given  by  the  person  borrowing.  Any  officer  of  the  county  who  shall 
violate  the  provisions  of  this  section  by  authorizing  any  such  loan  or 
drawing  any  warrant  for  moneys  loaned  in  violation  of  this  section 
shall  be  held  responsible  for  the  sum  so  loaned  with  interest  thereon, 
to  be  recovered  in  the  name  of  the  county  to  the  use  of  the  district 
whose  fund  has  been  so  used.  (New  section.) 

SEC.  9826.  County  court  to  have  jurisdiction  of  county 
school  fund. — Whenever  any  county  in  this  state  may  have,  sepa- 
rate and  apart  from  the  township  funds,  any  public  school  fund  aris- 
ing from  any  source  whatever,  the  same  shall  be  under  the  jurisdiction 
of  the  county  court  of  said  county,  who  shall  be  governed  in  its  care 
and  investment  by  the  same  rules  and  regulations  as  govern  its  action 


58 

in  the  township  funds — the  proceeds  of  said  funds  to  be  collected  an- 
nually and  distributed  as  provided  in  section  9840.  (R.  S.  1889,  §  8050.) 
SEC.  9827.  Collection  of  fines  and  penalties  and  other 
school  moneys. — The  county  treasurer  shall  collect,  or  cause  to  be 
collected,  all  school  moneys  mentioned  in  section  9824,  and  all  other 
moneys  for  school  purposes  in  his  county,  and  shall  give  the  party 
paying  duplicate  receipts  therefor,  and  said  party  shall  file  one  of 
said  receipts  with  the  county  clerk,  who  shall  file  the  same  and  charge 
the  same  to  the  county  treasurer;  said  clerk  shall  thereupon  credit 
the  bond  and  mortgage  with  the  amount  of  said  receipt,  and  when  the 
amount  of  said  receipts  is  in  full  of  all  interest  and  principal  of  said 
bond  and  mortgage,  then  the  clerk  shall  satisfy  said  mortgage  of 
record.  Any  person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  not  to  exceed 
five  hundred  dollars.  (R.  8.  1889-,  §  8051.) 

County  clerk  has  no  authority  conferred  upon  him  by  law  to  collect  money  due 
upon  bond  given  for  loan  of  school  moneys.  105  Mo.  182. 

SEC.  9828.  Township  school  fund,  from  what  source  de- 
rived.— The  proceeds  of  the  sixteenth  section,  or  other  lands  selected 
in  lieu  thereof,  the  interest  of  such  proceeds,  the  rents  and  profits  of 
such  lands,  and  all  the  public  school  moneys  which  shall  be  appor- 
tioned to  any  unorganized  township,  arising  from  dividends,  proceeds 
and  profits  of  the  public  school  fund,  shall  constitute  a  township 
school  fund.  (R.  8.  1889,  §  8052.) 

In  action  by  state  to  recover  land,  production  of  survey  not  necessary  where  an- 
swer sufficiently  admits  land  claimed  has  been  sufficiently  designated.  19  Mo.  607. 
When  state  and  inhabitants  estopped  from  afterwards  claiming  land.  18  Mo.  313.  Title 
of  State  of  Missouri  to  sixteenth  section  granted  by  act  of  congress,  March  6,  1820,  for 
school  purposes,  is  not  impaired  or  destroyed  by  previous  location  of  a  New  Madrid 
certificate  upon  these  sections.  13  Mo.  139. 

SEC.  9829.  Custodians  of  fund. — The  county  courts,  respec- 
tively, shall  have  the  care  and  management  of  the  school  funds  of  the 
several  townships  within  their  respective  jurisdictions,  and  shall  cause 
accounts  thereof  to  be  stated  and  kept  so  as  to  exhibit  the  funds  of 
each  township  separately,  and  the  disposition  thereof.  (R.  S.  1889, 
§  8053.) 

County  court  in  management  of  school  fund  is  agent  of  state,  and  not  county. 
5.  A.  13.  Sale  of  land,  mortgaged  for  school  funds,  loaned,  made  by  sheriff,  without 
proper  order  from  county  court,  is  a  nullity.  53  Mo.  147. 

SEC.  9830.  Transfer  of  funds  when  county  lines  are 
changed. — Whenever,  by  the  establishment  of  a  new  county  or 
change  of  coupnty  lines,  any  township  shall  fall  within  the  jurisdiction 
of  a  different  county,  the  court  having  charge  of  the  public  school  fund 
of  said  township  shall  cause  an  account  thereof  to  be  started,  and  the 
funds,  together  with  all  mortgages,  bonds  and  other  securities  belong- 
ing to  the  said  fund,  shall  be  transferred  to  the  court  of  the  county 


50 

thus  acquiring  jurisdiction  over  such  township.  The  county  courts, 
respectively,  shall  number  the  various  congressional  townships  under 
their  jurisdiction,  and  cause  a  record  of  the  same  to  be  kept,  and 
for  school  purposes  they  shall  be  known  and  designated  as  "town- 
ship No.  -  — ?  of  -  —  county,"  and  upon  the  transfer  of  townships 
to  other  counties,  the  numbers  shall  be  amended  to  correspond  to  the 
change.  (R.  S.  1889,  §  8054.) 

SEC.  9831.  How  invested. — Whenever  there  shall  be  in  the 
county  treasury  any  money  belonging  to  the  capital  of  the  school  fund 
of  any  township  therein,  the  county  court  of  such  county  shall  loan 
the  same  for  the  highest  interest  that  can  be  obtained,  not  exceed- 
ing ten  nor  less  than  six  per  cent,  per  annum,  upon  conditions  and 
subject  to  the  restrictions  hereinafter  set  forth.  (R.  S.  1889,  §  8055.) 

A  county  court  having  loaned  school  funds  has  no  right,  upon  application  of  the 
inhabitants  of  the  township,  to  reduce  the  rate  of  interest.  The  county  courts  are 
trustees  for  these  funds,  and  cannot  dispose  of  principal  or  interest  otherwise  than  the 
law  prescribes.  And  if  by  order  they  reduce  the  rate  of  interest  on  the  loan,  they  may 
be  compelled  by  mandamus  to  collect  the  full  amount  originally  contracted  for.  15 
Mo.  412;  103  Mo.  492. 

SEC.  9832.  Security  in  cases'of  loan. — When  any  moneys  be- 
longing to  said  funds  shall  be  loaned  by  the  county  courts,  they  shall 
cause  the  same  to  be  secured  by  a  mortgage  in  fee  on  real  estate,  free 
from  all  liens  and  incumbrances,  within  the  county,  of  the  value  of 
double  the  amount  of  the  loan,  with  a  bond  and  personal  security  in 
addition  thereto;  and  no  loan  shall  be  made  to  any  person  other  than 
an  inhabitant  of  the  same  county,  nor  shall  any  person  be  accepted  as 
security  who  is  not  at  the  time  a  resident  householder  therein,  who 
does  not  own  and  is  not  assessed  on  property  in  an  amount  equal  to 
that  loaned,  in  addition  to  all  the  debts  for  which  he  is  liable  and 
property  exempt  from  execution.  In  all  cases  of  loan  the  bond  shall 
be  to  the  county  for  the  use  of  the  township  to  which  the  funds  be- 
long, and  shall  specify  the  time  when  the  principal  is  payable,  rate 
of  interest  and  the  time  when  payable;  that  in  default  of  payment 
of  the  interest,  annually,  or  failure  by  principal  in  the  bond  to  give 
additional  security  when  thereto  lawfully. required,  both  the  principal 
and  interest  shall  become  due  and  payable  forthwith,  and  that  all 
interest  not  punctually  paid  shall  bear  interest  at  the  same  rate  of 
interest  as  the  principal.  But  before  any  loan  shall  be  effected,  the 
borrower  shall  file  with  the  county  court  an  abstract  of  title  at  the 
time  he  files  his  bond  and  mortgage  to  the  real  estate  which  is  to 
be  mortgaged.  (R.  S.  1889,  §  8056.) 

County  court  has  power  to  release  mortgage  taken  as  security  for  school  funds 
upon  receiving  in  its  place  mortgage  upon  other  lands.  69  Mo.  581;  74  Mo.  266;  103  Mo. 
492;  108  Mo.  294.  Mortgage  given  to  county  to  secure  loan  of  school  money  is  not  void 
because  it  is  a  school  mortgage.  This  statute  is  directory.  74  Mo.  266. 


60 

SEC.  9933.  Form  of  mortgage — notice  of  sale — fees,  how 
paid. — Every  mortgage  taken  under  the  provisions  of  this  chapter 
shall  be  in  the  ordinary  form  of  a  conveyance  in  fee,  shall  recite  the 
bond,  and  shall  contain  a  condition  that  if  default  shall  be  made  in 
payment  of  principal  or  interest,  or  any  part  thereof,  at  the  time 
when  they  shall  severally  become  due  and  payable,  according  to  the 
tenor  and  effect  of  the  bond  recited,  the  sheriff  of  the  county  may, 
upon  giving  twenty  days'  notice  of  the  time  and  place  of  sale,  by  pub- 
lication in  some  newspaper  published  in  the  county,  if  there  be  one 
published,  and  if  not,  by  at  least  six  written  or  printed  hand-bills,  put 
up  in  different  public  places  in  the  county,  without  suit  on  the  mort- 
gage, proceed  and  sell  the  mortgaged  premises,  or  any  part  thereof, 
to  satisfy  the  principal  and  interest,  and  make  an  absolute  convey- 
ance thereof,  in  fee,  to  the  purchaser,  which  shall  be  as  effectual  to 
all  intents  and  purposes  as  if  such  sale  and  conveyance  were  made  by 
virtue  of  a  judgment  of  a  court  of  competent  jurisdiction  foreclosing 
the  mqrtgage.  In  all  cases  of  loan  of  school  funds  in  the  various 
counties,  the  expense  of  drawing  and  preparing  securities  therefor, 
and  of  acknowledging  and  recording  mortgages,  including  the  fees 
of  all  officers  for  the  filing,  certifying  or  recording  such  mortgages 
and  other  securities,  shall  be  paid  by  the  borrowers  respectively.  (R. 
S.  1889,  §  8057.) 

Sale  under  foreslosure  of  school  fund  mortgage  held  a  sale  for  cash,  as  required 
by  its  terms.  131  Mo.  568;  115  Mo.  524.  Where  mortgage  is  taken  for  loan  of  school 
fund,  statute  must  be  in  all  respects  complied  with.  62  Mo.  491. 

SEC.  9834.  Additional  securities. — The  county  court  shall 
have  power,  from  time  to  time,  to  require  additional  security  to  be 
given  on  said  bond,  when  they,  in  their  judgment,  deem  it  necessary 
for  the  better  preservation  of  the  fund.  If  such  additional  security 
be  not  given  within  ten  days  after  an  order  to  that  effect  shall  be 
made  and  served  on  the  principal  in  the  bond,  and  in  all  cases  of  de- 
fault in  the  payment  of  interest,  the  court  shall  proceed  to  enforce 
payment  of  both  principal  and  interest  by  writ,  or  in  a  summary  man- 
ner, as  provided  in  this  chapter.  (E.  S.  1889,  §  8058.) 

County  court  may  require  additional   security.     103  Mo.   492. 

SEC.  9835.     County  court  may  make  order  of  sale,  when. 

Whenever  the  principal  and  interest,  or  any  part  thereof,  secured  by 
mortgage  containing  a  power  to  sell,  shall  become  due  and  payable, 
the  county  court  may  make  an  order  to  the  sheriff,  reciting  the  debt 
and  interest  to  be  received,  and  commanding  him  to  levy  the  same 
with  costs,  upon  the  property  conveyed  by  said  mortgage,  which  shall 
be  described  as  in  the  mortgage;  and  a  copy  of  such  order,  duly  cer- 
tified, being  delivered  to  the  sheriff,  shall  have  the  effect  of  a  fieri 


Gl 


facia*  on  a  judgment  of  foreclosure  by  the  circuit  court,  and  shall  be 
proceeded  with  accordingly.  (R.  S.  1889,  §  8059.) 

Where  order  of  county  court,  foreclosing  mortgage  given  to  county  to  secure 
school  debt,  did  not  truly  recite  debt  so  as  to  sufficiently  identify  mortgage,  held  that 
sale  thereunder  did  not  transfer  title.  55  Mo.  472:  53  Mo.  147.  Money  expended  by 
county  court  in  suits  to  stay  waste  and  protect  security  of  school  mortgages,  held 
payable  out  of  fund  protected.  58  Mo.  276;  64  Mo.  179.  Statute  relating  to  securities 
does  not  apply  to  bonds  given  county  for  school  money.  50  Mo.  225.  When  sale 
under  this  section  will  be  set  aside  on  account  of  conduct  of  sheriff  and  agent  of 
county.  80  Mo.  424;  91  Mo.  585;  115  Mo.  524. 

SEC.  9836.     Principal  and  interest  of  loan  paid,  when. — 

When  any  portion  of  principal  or  interest,  or  both,  may  be  collected, 
as  provided  in  any  of  the  foregoing  sections,  it  shall  be  paid  into 
the  county  treasury;  and  it  shall  be  the  duty  of  the  treasurer  to  give 
the  person  making  payment  thereof  duplicate  receipts,  specifying  the 
sums  paid  and  on  what  account.  One  of  said  receipts  shall  be  given 
to  the  clerk  of  the  county  court,  who  shall  file  and  preserve  the  same 
in  his  office,  charge  the  treasurer  with  the  amount,  and  credit  the 
payment  to  the  party  on  whose  account  it  is  made,  on  his  bond  and 
mortgage.  (R.  S.  1889,  §  8060.) 

Endorsement  by  county  clerk  of  payments  of  interest  upon  bond  given  for  loan 
of  school  moneys  is  competent  evidence  of  such  payments.  35  Mo.  395.  County  clerk 
has  no  authority  to  collect  money  due  upon  bond  given  for  loan  of  school  moneys,  nor 
to  enter  satisfaction  of  mortgage.  105  Mo.  182. 

SEC.  9837.    Authority  to  repossess  property  by  purchase. 

Whenever  any  property  heretofore  or  hereafter  conveyed  in  trust  or 
mortgaged  to  secure  the  payment  of  a  loan  of  school  funds,  shall  be 
ordered  to  be  sold  under  the  provisions  of  this  chapter,  or  by  virtue  of 
any  power  in  such  conveyance  in  trust  or  mortgage  contained,  the 
county  court  having  the  care  and  management  of  the  school  fund 
or  funds  out  of  which  such  loan  was  made  may,  in  its  discretion,  for 
the  protection  of  the  interest  of  the  schools,  become,  through  its  agent 
thereto  duly  authorized,  a  bidder  on  behalf  of  its  county,  at  the  sale 
of  such  property  as  aforesaid,  and  may  purchase,  take,  hold  and 
manage  for  said  county,  to  the  use  of  the  township  out  of  the  school 
fund  of  which  such  loan  was  made,  or  in  its  own  name  where  such 
loan  has  been  made  out  of  the  general  school  funds,  the  property  it 
may  acquire  at  such  sale  aforesaid.  The  county  court  of  any  county 
holding  property  acquired  as  aforesaid  may  appoint  an  agent  to  take 
charge  of,  rent  out  or  lease  or  otherwise  manage  the  same,  under  the 
direction  of  said  court;  but  as  soon  as  practicable,  and  in  the  judg- 
ment of  said  court  advantageous  to  the  school  or  schools  interested 
therein,  such  property  shall  be  resold  in  such  manner  and  on  such 
terms,  at  public  or  private  sale,  as  said  court  may  deem  best  for  the 
interest  of  said  school  or  schools;  and  the  money  realized  on  such 
sale,  after  the  payment  of  the  necessary  expenses  thereof,  shall  be- 


62 

come  part  of  the  school  fund  out  of  which  the  original  loan  was  made. 

(R.  S.  1889,  §  8061.) 

Sale  of  land  under  this  section,  how  set  aside.  91  Mo.  585.  Recital  in  deed  from 
county,  that  county  had  appointed  commissioner  to  convey  land,  and  that  grantee 
therein  had  become  the  purchaser  and  paid  price  in  full  with  interest,  does  not  tend  to 
show  private  sale.  101  Mo.  309. 

Where  defendants  allege  that  the  county  court  had  an  agent  present  at  the 
sale,  who  bid  on  the  property,  they  will  not  be  heard  on  appeal  to  deny  the  presence 
of  such  agent,  because  of  the  failure  of  the  county  court  to  appoint  by  entry  of  record. 
91  Mo.  585. 

SEC.  9838.    Loan  of  surplus   district  school  money.  - 

Whenever  it  shall  be  found  that  any  school  district  has  any  surplus 
funds  in  the  county  treasury,  the  directors  of  such  school  district 
may  make  application,  in  writing,  to-  the  county  court,  setting  forth 
that  school  funds  are  accumulating  beyond  the  wants  or  necessities 
of  such  district.  Upon  such  application,  it  shall  be  the  duty  of  the 
county  court  to  cause  such  funds  to  be  loaned  for  the  use  and  benefit 
of  such  school  district.  (R.  S.  1889,  §  8062.) 

SEC.  9839.  How  loaned. — Such  school  funds  shall  be  loaned  at 
the  same  rate  of  interest  and  in  the  same  manner  as  township  school 
funds  are  loaned :  Provided,  that  no  school  tax  shall  be  levied  in  such 
district,  other  than  for  incidental  and  contingent  expenses,  during 
the  time  for  which  such  surplus  fund  is  sought  to  be  loaned;  and 
provided  further,  that  a  free  public  school  shall  be  maintained  in  such 
school  district  for  at  least  six  months  in  each  year.  (R.  S.  1889,  § 
8063.) 

The  sureties  on  the  general  bond  of  a  county  treasurer  are  not  liable  for  his 
failure  to  account  for,  and  pay  over  to  his  successor  in  office,  county  and  township 
school  funds.  For  the  special  duties  imposed  upon  him  by  the  school  law  he  is  an- 
swerable on  a  separate  bond.  55  Mo.  80.  A  treasurer  of  a  school  township  is  liable  on 
his  official  bond  for  school  funds  deposited  in  bank,  and  lost  through  the  failure  and 
insolvency  of  the  bank,  although  he  was  not  guilty  of  any  want  of  care  or  prudence  in 
failing  to  ascertain  its  financial  condition.  67  Mo.  395.  Where  the  county  treasurer  re- 
ceives a  check  from  the  State  Treasurer  in  payment  of  the  apportionment  of  the 
amount  due  the  county  from  the  public  school  moneys,  and  fails  to  use  diligence  in 
collecting  the  check,  the  loss,  if  any  occur  thereby,  falls  on  the  county  treasurer.  67 
Mo.  139;  56  Mo.  65.  An  action  on  the  bond  of  a  defaulting  county  treasurer  to  recover 
school  moneys  is  properly  brought  by  the  county  in  the  name  of  the  State  to  the  use 
of  the  county.  The  statute  does  not  require  it  to  be  brought  to  the  use  of  the  county 
clerk.  68  Mo.  454. 

SEC.  9840.    Apportionment  of  public  school  fund— basis 

and  time  of. — The  state  superintendent  of  public  schools  shall,  an- 
nually, in  the  month  of  July,  apportion  the  public  school  fund  applied 
for  the  benefit  of  the  public  schools  among  the  different  counties,  upon 
the  enumeration  and  returns  made  to  his  office,  and  shall  certify  the 
amount  so  apportioned  to  the  state  auditor,  also  to  the  county  clerk 
of  each  county,  stating  from  what  source  Hie  same  is  derived,  which 
said  sum  the  several  county  treasurers  shall  retain  in  their  respective 
county  treasuries  from  the  state  fund;  and  the  county  clerks  shall,  an- 


G3 

nually,  during  the  month  of  August,  according  to  the  enumeration  and 
returns  in  their  offices,  proceed  to  apportion  the  school  funds  for  their 
respective  counties;  and  no  district,  city  or  town,  which  shall  have 
failed  to  make  and  return  such  enumeration  shall  be  entitled  to  re- 
ceive am-  portion  of  the  public  school  funds;  and  in  making  such  dis- 
tribution, each  county  clerk  shall  apportion  all  moneys  collected  on 
the  tax  duplicate  of  any  district  for  the  use  of  schools  to  such  district, 
all  moneys  received  from  the  state  treasurer,  and  all  moneys  on  ac- 
count of  interest  of  the  funds  accruing  from  the  sale  of  section  six- 
teen, or  other  lands  in  lieu  thereof,  to  the  district  schools  in  the 
congressional  townships  and  parts  of  congressional  townships  to 
which  siuch  land  belonged,  and  all  other  moneys  for  the  use  of  schools 
in  the  county,  »and  not  otherwise  appropriated  by  law,  to  the  proper 
district;  and  he  shall,  immediately  after  making  such  apportionment, 
enter  the  same  in  a  book  to  be  kept  for  that  purpose,  and  shall  furnish 
the  district  clerks,  and  those  of  cities  or  villages,  as  the  case  may  be, 
each  with  a  copy  of  said  apportionment,  and  order  the  county  treas- 
urer to  place  such  amount  to  the  credit  of  the  district,  city  or  town 
entitled  to  receive  the  same:  Provided,  further,  that  no  district,  city  or 
town  that  shall  have  failed  to  afford  the  children  thereof  the  privileges 
of  a  free  school  for  at  least  six  months  during  the  year  ending  the 
30th  day  of  June  previous  to  said  distribution,  provided  a  tax  of  forty 
cents  on  the  one  hundred  dollars  assessed  valuation,  together  with  the 
public  funds,  will  maintain  the  same,  shall  be  entitled  to  any  por- 
tion of  the  public  school  fund  for  that  year.  (R.  S.  1889,  §  8064.) 

Apportionment  of  public  school  funds.    See  90  Mo.  395;  64  Mo.' 26. 

SEC.  9841.  Superintendent  may  correct  error  in  appor- 
tionment— distribution  of  funds. — The  state  superintendent 
of  public  schools  is  hereby  authorized  to  correct  any  error  made  in 
the  apportionment  of  the  public  school  funds  among  the  various  coun- 
ties of  this  state  out  of  the  public  school  fund  of  a  subsequent  year, 
and  the  amount  set  apart  to  any  county  for  the  purpose  of  correcting 
an  error  shall  be  by  him  certified  to  the  state  auditor  and  to  the  county 
clerk,  and  the  state  auditor  shall  draw  a  warrant  on  the  state  treasurer 
for  the  amount  so  certified  in  favor  of  the  treasurer  of  said  county,  and 
the  county  clerk  shall  apportion  said  funds  to  the  various  districts  in 
said  county  as  the  funds  of  the  year  in  which  said  error  occurred,  and 
the  county  treasurer  may  pay  outstanding  warrants  for  teachers' 
wages  issued  during  the  school  year  in  which  said  error  occurred,  not 
to  exceed  the  correction  made:  Provided,  that  the  state  superintendent 
of  public  school  shall  not  correct  any  errors  made  prior  to  the  appor- 
tionment of  the  public  school  funds  in  July,  1890.  (Laws  1891,  p.  203.) 


64 

SEC.  9842.     Apportionment  of  county  school  money.— 

The  county  court  of  each  county  shall,  at  its  August  term  in  every 
year,  apportion  the  county  public  school  moneys  among  the  several 
districts  in  the  county,  according  to  the  enumeration  of  the  pupils 
resident  therein.  (R.  S.  1889,  §  8065.) 

SEC.  9843.  Distribution  of  funds  when  township  lies  in 
two  counties.  —  Whenever  any  congressional  township  shall  lie 
in  two  or  more  counties,  the  township  school  fund  of  such  township 
shall  be  divided  among  the  aforesaid  counties  in  proportion  to  the 
amount  of  territory  in  the  fractional  township  included  in  each  county, 
as  follows:  The  county  cpurt  of  the  county  in  which  section  sixteen 
is  located  shall,  upon  a  requisition  of  the  county  clerk  of  any  county 
containing  a  fractional  part  of  such  township,  issue  an  order  trans- 
ferring the  amount  due  such  county  under  this  section  into  the  care, 
keeping  and  custody  of  the  count}7  court  thereof;  and  said  fund  shall 
be  loaned,  and  the  income  derived  therefrom  shall  be  apportioned 
annually  to  such  fractional  township  as  though  it  were  an  entire 
township;  and  the  township  funds  of  all  entire  townships  and  all 
fractional  townships  included  within  the  limits  of  any  county  in  this 
state  shall  be  handled  and  controlled  by  the  proper  officers  of  such 
county,  as  set  forth  in  this  chapter.  The  provisions  of  this  section 
shall  not  apply  to  any  congressional  township  intersected  by  the  Mis- 
souri river.  (R.  S.  1889,  §  8066.) 

SEC.  9844.  Duties  of  county  clerk — assessment  of  esti- 
mates.— On  receipt  of  the  estimates  of  the  various  districts, the  county 
clerk  shall  proceed  to  assess  the  amount  so  returned  on  all  taxable 
property,  real  and  personal,  in  said  district,  as  shown  by  the  last  an- 
nual assessment  for  state  and  county  purposes,  including  all  state- 
ments of  merchants  in  each  district  of  the  amount  of  goods,  wares  and 
merchandise  owned  by  them  and  taxable  for  state  and  county  pur- 
poses: Provided,,  that  the  levy  thus  extended  shall  not  exceed  in  any 
one  year  as  follows:  For  building  purposes,  one  per  centum  in  dis- 
tricts formed  of  cities,  towns  and  villages,  and  not  more  than  sixty- 
five  cents  on  the  one  hundred  dollars  in  other  districts;  for  school  pur- 
poses, one  per  centum  in  districts  formed  of  cities,  towns  and  villages, 
and  not  more  than  sixty-five  cents  on  the  one  hundred  dollars  in  other 
districts;  for  sinking  fund,  forty  cents  on  the  one  hundred  dollars  valu- 
ation, and  a  sufficient  amount  to  pay  interest  on  bonded  indebtedness; 
all  of  which  shall  be  extended  by  the  county  clerk  upon  the  general 
tax-books  of  the  county  for  said  year  in  separate  columns  arranged  for 
that  purpose;  and  the  county  clerk  shall  list  the  names  of  all  persons 
owning  any  personal  property  who  do  not  reside  in  any  school  district, 


Co 

and  the  value  thereof;  also  list  all  lands  and  town  lots  in  any  territory 
not  organized  into  a  school  district,  and  shall  levy  a  tax  of  forty 
cents  on  the  one  hundred  dollars  valuation  on  all  such  taxable  prop- 
erty, said  taxes  to  be  collected  as  other  taxes  and  distributed  as  pro- 
vided in  section  9840;  and  it  shall  be  the  duty  of  the  county  assessor 
in  listing  property  to  take  the  number  of  the  school  district  in  which 
said  tax-payer  resides  at  the  time  of  taking  his  list,  to  be  by  him 
marked  on  said  list  and  also  on  the  personal  assessment  book,  in  col- 
umns provided  for  that  purpose.  (R.  S.  1880,  §  8067,  amended.) 

County  clerk  has  no  authority  to  assess  property  for  school  or  other  taxes.  34  A. 
337.  Nor  to  extend  upon  tax-books  without  order  of  county  court,  when.  135  Mo.  618. 

County  courts  have  no  power  to  alter  the  assessment  of  taxes  to  build  school- 
houses  merely  on  the  alleged  ground  that  the  schoql-house  was  unnecessary;  the  de- 
cision of  that  question  is  left  to  the  local  directors,  and  that  tribunal  has  no  control 
over  the  county  clerk  in  respect  to  the  assessment  and  extension  of  school  taxes.  52 
Mo.  218;  67  Mo.  706. 

A  school  estimate  stating  rate  of  levy  but  omitting  amounts  of  the  several  funds 
is  not  illegal  on  that  account.  126  Mo.  472. 

The  court  will  not  compel  a  county  clerk  by  mandamus  to  extend  school  taxes  on 
property  not  lawfully  subject  thereto.  120  Mo.  67. 

SEC.  9845.  Compensation  of  the  county  clerk  for  labor 
on  tax-book. — The  county  clerk  shall  receive  as  full  compensation 
therefor  ten  cents  for  every  hundred  figures  in  school  tax  column  on 
general  tax-book;  to  be  paid  by  the  county  treasurer,  upon  warrant 
issued  by  the  county  court.  (R.  g.  1889,  §  8068,  amended.) 

SEC.  9846.  Report  of  county  clerk  to  state  superintend- 
ent.— The  clerk  of  each  and  every  county  court  shall,  on  or  before  the 
thirty-first  day  of  July,  annually,  make  out  and  transmit  to  the  state 
superintendent  of  public  schools,  at  Jefferson  City,  an  abstract  of  all 
the  returns  of  school  districts,  cities  or  towns  in  his  county  made  to 
him  according  to  the  form  that  may  be  prescribed  by  the  state  super- 
intendent; also  the  amount  of  income  of  the  school  funds  of  said 
county,  and  amount  realized  from  taxes  collected  therein.  (R.  S.  1889, 
§  8069.) 

The  State  Superintendent  is  required  to  apportion  the  State  school  moneys  in 
July,  therefore,  the  enumeration  should  be  forwarded  not  later  than  July  15th. 

SEC.  9847.    Collector's  receipts  and  compensation. — It 

shall  be  the  duty  of  the  county  clerk  to  take  a  receipt  from  the  county 
collector  for  the  school  taxes  by  him  placed  on  the  general  tax-books; 
and  the  collector  shall  proceed  to  collect  the  same,  in  like  manner  as 
the  state  and  county  taxes  are  or  may  be  collected,  and  he  shall  re- 
ceive, as  full  compensation  for  his  services,  on  the  amount  collected 
and  paid  over  by  him  the  same  per  cent,  as  is  allowed  by  law  to  collect- 
ors for  collecting  other  taxes;  and  he  shall  pay  over  monthly,  to  the 
county  treasurer,  all  such  taxes  collected  and  take  his  receipt  therefor. 
(R.  S.  1889,  §  8070,  amended,  Laws  1895,  p.  261?  amended.) 


66 

SEC.  9848.  Collections  of  delinquent  taxes. — The  collector 
shall  at  the  same  time  of  returning  the  land  delinquent  list  for  state 
and  county  taxes,  return  therewith  all  land  school  taxes  herein  pro- 
vided for,  which  shall  remain  unpaid,  and  when  so  returned  the  same 
shall  be  a  lien  on  such  real  estate,  and  be  collected  in  the  same  manner 
that  other  delinquent  taxes  on  land  are  collected;  and  when  so  col- 
lected shall  be  paid  over  to  the  county  treasurer  as  other  school  taxes. 
(B.  S.  1889,  §  8071,  amended.) 

SEC.  9849.  Treasurers  and  their  duties. — The  county  treas- 
urer in  each  county  shall  be  the  treasurer  of  all  moneys  for  school  pur- 
poses belonging  to  the  different  districts,  until  paid  out  on  warrants 
duly  issued  by  order  of  the.  board  as  authorized  by  this  chapter,  ex- 
cept in  counties  having  adopted  the  township  organization  law,  in 
which  counties  the  township  trustee  shall  be  the  treasurer  of  all  school 
moneys  belonging  to  the  township,  and  be  subject  to  corresponding 
duties  as  the  county  treasurer;  and  said  treasurers  shall  pay  all 
orders  heretofore  legally  drawn  on  township  clerks,  and  not  paid  by 
such  township  clerks,  out  of  the  proper  funds  belonging  to  the  various 
districts;  and  on  his  election,  before  entering  upon  the  duties  of  his 
office,  he  shall  give  a  separate  bond,  with  sufficient  security,  in  double 
the  probable  amount  of  school  moneys  that  shall  come  into  his  hands, 
payable  to  the  state  of  Missouri,  to  be  approved  by  the  county  court, 
conditioned  for  the  faithful  disbursement,  according  to  law,  of  all 
such  moneys  as  shall  from  time  to  time  come  into  his  hands;  and  on 
the  forfeiture  of  such  bond,  it  shall  be  the  duty  of  the  county  clerk 
to  collect  the  same  for  the  use  of  the  schools  in  the  various  districts. 
If  such  county  clerk  shall  neglect  or  refuse  to  prosecute,  then  any 
freeholder  may  cause  prosecution  to  be  instituted.  It  shall  be  the 
duty  of  the  county  court  in  no  case  to  permit  the  county  treasurer  to 
have  in  his  possession,  at  any  one  time,  an  amount  of  school  moneys 
over  one-half  the  amount  of  the  security  available  in  the  bond;  and 
the  county  treasurer  shall  be  allowed  such  compensation  for  his  ser- 
vices as  the  county  court  may  deem  advisable,  not  to  exceed  one-half 
of  one  per  cent,  of  all  school  moneys  disbursed  by  him,  and  to  be  paid 
out  of  the  county  treasury.  (R.  S.  1889,  §  8072.) 

County  treasurer's  bond  as  custodian  of  school  moneys.    72  Mo.  496,  387;  7  A.  339. 

SEC.  9850.  Settlement  of  treasurers. — The  county  or  town- 
ship treasurer  shall,  annually,  between  the  first  and  fifteenth  of  July, 
settle  with  the  county  clerk,  and  account  to  him  for  all  school  moneys 
or  funds  received,  from  whom  and  on  what  account,  and  the  amount 
paid  out  for  school  purposes  to  the  various  districts  of  the  county. 
The  county  clerk  shall  examine  the  vouchers  for  such  payment,  and, 
if  satisfied  with  the  correctness  thereof,  shall  certify  the  same,  which 


67 

certificate  shall  be  prima  facie  a  discharge  of  such  liability  of  the 
treasurer  for  the  funds  expressed  in  the  vouchers;  and  at  the  expira- 
tion of  his  term  of  service,  said  treasurer  shall  deliver  over  to  his  suc- 
cessor in  office  all  books  and  papers,  with  all  moneys  or  other  property 
in  his  hands,  and  also  all  orders  he  may  have  redeemed  since  his  last 
annual  settlement  with  the  county  clerk,  and  take  the  recipt  of  his 
successor  therefor,  which  he  shall  deposit  with  the  county  clerk  within 
ten  days  thereafter.  (R,  S.  1889,  §  8073.) 

SEC.  9851.  Penalty  for  failure  to  make  settlement. — In 
case  the  county  or  township  treasurer  shall  fail  to  make  such  annual 
settlement  with  the  county  clerk,  within  the  time  prescribed  in  the  pre- 
ceding section,  he  shall,  in  addition  to  the  sums  remaining  unaccount- 
ed for,  be  liable  to  pay  a  fine  of  five  hundred  dollars,  to  be  recovered  in 
a  civil  action,  in  the  name  of  the  state  of  Missouri,  and  when  col- 
lected to  be  applied  to  the  use  of  public  schools  in  such  county;  and 
it  is  hereby  made  the  duty  of  the  county  clerk  to  proceed  forthwith, 
in  case  of  such  failure,  by  suit  against  such  treasurer  before  any  proper 
tribunal  to  recover  the  penalty  aforesaid ;  but  when  it  appears  on  trial, 
to  the  satisfaction  of  said  court,  that  said  treasurer  was  prevented 
from  making  such  settlement  within  the  time  by  sickness  or  unavoid- 
able absence  from  home,  it  shall  be  the  duty  of  the  court  to  discharge 
such  treasurer  on  his  paying  the  costs.  (R.  S.  1889,  §  8074.) 

SEC.  9852.  Title  of  property. — The  title  of  all  school-house 
sites  and  other  school  property  shall  be  vested  in  the  board  of  di- 
rectors, for  the  use  of  the  district  in  which  the  same  may  be  located; 
and  all  property  leased  or  rented  for  school  purposes  shall  be  wholly 
under  the  control  of  the  school  board  during  such  time;  but  no  board 
shall  lease  or  rent  any  building  for  school  purposes  while  the  district 
school-house  is  unoccupied,  and  no  school-house  or  school  site  shall  be 
abandoned  or  sold  until  another  site  and  house  are  provided  for  such 
school  district.  (R.  S.  1889,  §  8075.) 

SEC.  9853.  Blanks  for  reports. — The  blanks  for  the  reports 
required  to  be  made  by  the  various  school  officers  under  the  provisions 
of  this  chapter  shall  be  printed  under  the  direction  of  the  commis- 
sioners of  public  printing,  in  the  form  prescribed  by  the  state  superin- 
tendent of  public  schools,  to  be  paid  for  in  like  manner  and  upon 
the  same  terms  as  other  public  printing.  (R.  S.  1889,  §  8076.) 

SEC.  9854.  State  superintendent — election  and  term  of 
office. — There  shall  be  elected  by  the  qualified  voters  of  this  state, 
at  the  next  general  election  for  state  and  county  officers,  and  every 
four  years  thereafter,  a  state  superintendent  of  public  schools,  who 
shall  enter  upon  the  discharge  of  his  duties  on  the  second  Monday 


68 

of  January  next  following  his  election,  and  hold  his  office  for  the 
term  of  four  years  and  until  his  successor  is  elected  and  qualified. 
The  election  of  said  superintendent  and  the  returns  thereof  shall  be 
the  same  in  all  respects  as  provided  for  the  election  of  other  state 
officers;  and  in  case  of  vacancy  occurring  in  said  office,  by  death, 
resignation  or  otherwise,  the  governor  shall  fill  the  same  by  appoint- 
ment, who  shall  hold  his  office  until  the  next  general  election.  (R.  S. 
1889,  §  8077.) 

SEC.  9855.  Bond  and  qualification. — Before  entering  upon 
the  discharge  of  his  official  duties,  the  said  superintendent  shall 
give  bond  in  the  penal  sum  of  ten  thousand  dollars  to  the  state  of 
Missouri  with  two  or  more  sureties,  to  the  acceptance  of  the  secretary 
of  state,  conditioned  that  he  will  truly  account  for  and  apply  all 
moneys  or  other  property  which  may  come  into  his  hands,  in  his 
official  capacity,  for  the  use  and  benefit  of  public  schools,  and  that  he 
will  faithfully  perform  the  duties  enjoined  upon  him  by  law;  and  he 
shall  take  and  subscribe  the  oath  or  affirmation  required  by  the  con- 
stitution of  the  state,  and  diligently  and  faithfully  discharge  the 
duties  of  his  office  as  prescribed  by  law;  which  bond,  with  certificate 
indorsed  thereon,  shall  be  filed  with  the  secretary  of  state.  (B.  S.  1889, 
§  8078.) 

SEC.  9856.  Powers  and  duties. — He  shall  reside,  and  the 
books  and  papers  of  his  department  shall  be  kept,  at  the  seat  of 
government,  where  a  suitable  office  shall  be  provided  by  the  state, 
at  which  he  shall  give  his  attendance  when  not  absent  on  public  busi- 
ness. He  shall  exercise  such  supervision  over  the  educational  funds 
of  the  state  as  may  be  necessary  to  secure  their  safety  and  correct  ap- 
plication and  distribution  according  to  law.  He  shall  also  have  power 
to  require  of  county  clerks  or  treasurers,  boards  of  education  or  other 
school  officers,  recorders  and  treasurers  of  cities,  towns  and  villages, 
copies  of  all  records  by  them  required  to  be  made,  and  all  such  other 
information  in  relation  to  the  funds  and  condition  of  schools  and  the 
management  thereof,  as  may  be  deemed  important;  and  he  shall 
cause  as  many  copies  of  the  law  relating  to  schools,  with  instructions 
for  carrying  into  execution  of  such  laws,  to  be  printed  in  a  separate 
volume  and  distributed  to  each  county  in  the  state  for  the  use  of 
school  officers  therein,  and  all  the  blanks  that  may  be  necessary  for 
the  supply  of  all  officers  provided  for  by  this  chapter,  as  often  as  any 
change  in  said  laws  may  be  made  of  sufficient  importance  in  the  opin- 
ion of  the  superintendent  to  require  republication  and  distribution 
thereof,  and  all  moneys  necessarily  expended  in  performance  of  the 
Duties  required  in  this  section  shall  be  allowed  by  the  auditor  and  paid 


69 

out  of  the  state  treasury.  He  shall  also  have  author^  _o  examine 
teachers  and  grant  certificates  of  qualifications  1o  M»  who  pass  a 
satisfactory  examination,  but  the  applicant  shall  ±^  /e  charged  any 
fee  for  such  examination  or  certificate,  nor  shall  the  state  superin- 
tendent receive  any  fee  or  compensation  therefor;  and  any  person 
holding  such  certificate  from  him  shall  be  permitted  to  teach  without 
further  examination  from  other  authorized  examiners.  Said  certif- 
icate may  be  revoked  by  the  state  superintendent  for  incompetency, 
cruelty,  immorality,  drunkenness  or  neglect  of  duty.  (R.  S.  1889,  § 
8079.) 

SEC.  9857.  Shall  employ  chief  clerk— salary.  —  The  state 
superintendent  shall  be  entitled  to  employ  a  chief  clerk,  who  shall 
sustain  the  same  relations  to  the  state  superintendent  as  are  sustained 
by  the  chief  clerks  of  other  state  officers.  The  chief  clerk  shall  perform 
such  clerical  and  other  work  as  may  be  directed  by  the  state  superin- 
tendent, and  shall  hold  his  office  at  the  pleasure  of  the  state  superin- 
tendent, and  shall  receive  a  salary  of  fifteen  hundred  dollars  per  an- 
num. (R.  S.  1889,  §  8080.) 

SEC.  9858.  Annual  report  of  superintendent.— It  shall  be 
the  duty  of  said  superintendent  of  public  schools  to  make  an  annual 
report  on  or  before  the  first  Wednesday  in  January  in  each  and  every 
year,  to  the  general  assembly  when  that  body  shall  be  in  session  any 
such  year,  and  when  not  in  session  any  one  year,  then  the  report  shall 
be  made  to  the  governor,  who  shall  cause  the  same  to  be  published, 
and  shall  also  communicate  a  copy  thereof  to  the  next  general  assem- 
bly. The  state  superintendent  in  the  annual  report  of  his  labors  and 
observations  shall  present  a  statement  of  the  condition  and  amount 
of  all  funds  and  property  appropriated  to  purposes  of  education;  a 
statement  of  the  number  of  public  schools  in  the  state,  the  number 
of  pupils  attending  such  schools,  their  sex,  and  the  branches  taught; 
a  statement  of  the  number  of  teachers  employed,  their  sex,  the  aver- 
age amount  of  wages  paid  to  such  teachers,  the  number  of  teachers' 
institutes  formed  and  the  condition  of  the  same,  the  number  of  teach- 
ers engaged  in  teaching  within  the  state  w7ho  have  been  trained  for  not 
less  than  six  months  in  either  of  the  state  normal  schools;  a  statement 
of  the  estimates  and  accounts  of  the  expenditures  of  public  school 
funds  of  every  description;  a  statement  of  plans  for  the  management 
and  improvement  of  public  schools,  and  such  other  information  rela- 
tive to  the  educational  interests  of  the  state  as  he  may  deem  impor- 
tant; but  no  such  report  shall  exceed  two  hundred  pages  of  printed 
matter  of  ordinary  book  form.  He  shall  spend  annually  at  least  five 
days  in  each  congressional  district  of  the  state,  conferring  with  the 


70 

board  of  education  and  other  school  officers,  counseling  teachers, 
visiting  schools,  delivering  lectures,  and,  in  short,  do  what  may  be 
in  his  power  to  elevate  the  standard  of  instruction  in  the  public 
schools.  All  money  reasonably  expended  by  him  in  the  execution  of 
his  duties,  as  prescribed  by  this  section,  shall  upon  due  proof  be  al- 
lowed him  by  the  auditor,  and  paid  out  of  the  state  treasury: 
Provided,  that  no  personal  expenses  be  included  in  the  above  allow- 
ance; and  provided  further,  that  the  amount  to  be  drawn  under  the 
provisions  of  this  section  shall  not  exceed  the  sum  of  five  hundred 
dollars  for  any  one  year.  (R.  S>.  1889,  §  8081,  amended,  Laws  1891, 
p.  208.) 

SEC.  9859.  Restrictions  and  penalties. — The  state  superin- 
tendent shall  not  act  as  agent  for  any  author,  publisher  or  book-seller, 
or  manufacturer  or  vender  of  school  furniture  or  apparatus,  nor  direc- 
ly  or  indirectly  .receive  any  gift,  emolument,  reward,  or  promise  of 
reward,  for  his  influence  in  recommending  or  procuring  the  use  of  any 
text-  book,  school  apparatus  or  furniture  of  any  kind  whatever,  in  any 
public  school.  Any  superintendent  ~who  shall  violate  the  provisions 
of  this  section  shall  be  guilty  of  a  felony,  and  shall,  upon  conviction 
thereof,  be  punished  by  imprisonment  in  the  penitentiary  for  a  period 
not  less  than  two  years;  and  the  provisions  of  this  section  shall  ap- 
ply to  county  commissioners.  (R.  S.  1889,  §  8082.) 


ARTICLE  II. 


CITIES,  TOWNS  AND  VILLAGE. 


SECTION 

9860.  Organization  of  city,  town  and  vil- 
lage school  districts— corporate 
powers. 

To  organize  and  elect  six  directors. 

Government    of    district— tenure    of 
directors— vacancies,    how    filled. 

Election  of  directors. 

Officers  of  board  and  their  duties. 

Graded  and  primary  schools  to  be 
established,  and  sites  located. 

Duties,  restrictions  and  liability  of 
the   board. 

School   term. 

Bond  of  treasurer. 

Liability    of    treasurer    for    sinking 
fund   and   interest — compensation. 

District  moneys  to  be  paid  to  treas- 
urer. 


9S61. 


9863. 

9864. 
9865. 

9S66. 

9867. 

9863. 


9870. 


SECTION 

9871.  Settlement  of  treasurer. 

9872.  Duties   of   county   clerk— how  paid. 

9873.  Duties  of  collectors. 

9874.  Regulations  governing  elections  at 

annual  meetings. 

9875.  Change  of  boundary  lines. 

9876.  Annexation      to      school      districts 

when    corporate    limits    are    ex- 
tended. 

9877.  Employment  of  members  of  school 

board,    and  publication   of   finan- 
cial report. 

9878.  Boards    in    certain    cities    to    pur- 

chase  site,   etc.,   when. 

9879.  Board   may   accept   gifts,    etc.,    for 

libraries. 


SEC.  9860.  Organization  of  city,  town  and  village  school 
districts — corporate  powers. — Any  city,  town  or  village,  the  plat 
of  which  has  has  been  previously  filed  in  the  recorder's  office  of  the 
county  in  which  the  same  is  situated,  may,  together  with  the  territory 


71 

which  is  or  may  be  attached  thereto,  be  organized  into  a  single  school 
district,  and,  when  so  organized,  shall  be  a  body  corporate,  and  known 
as  the  school  district  of  -  — ,  and  in  that  name  may  sue  and  be 

sued,  and  possess  the  same  corporate  powers  and  be  governed  the 
same  as  other  school  districts,  except  as  herein  provided;  and  every 
extension  that  has  heretofore  been  made  or  that  hereafter  may  be 
made  of  the  limits  of  any  city,  town  or  village  that  is  now  or  may  be 
hereafter  organized  under  the  laws  of  this  state  shall  have  the  effect 
to  extend  the  limits  of  such  city,  town  or  village  school  district  to  the 
same  extent,  and  such  extension  of  the  limits  of  any  city,  town  or 
village  school  district  shall  take  effect  on  the  first  day  of  July  next 
following  the  extension  of  the  limits  of  such  city,  town  or  village; 
and  every  city,  town  and  village  which  has  heretofore  organized  under 
any  law  of  this  state  as  a  board  of  education  shall  hereafter  be  known 
and  styled  the  school  district  of  such  city,  town  or  village,  and  by  such 
name  may  sue  and  be  sued,  and  shall  succeed  to  all  the  property, 
rights  and  privileges  of  such  board  of  education,  and  shall  be  liable 
to  all  its  debts  and  liabilities;  and,  in  addition  to  the  powers  hereinbe- 
fore given  to  school  districts,  shall  have  power,  under  and  pursuant 
to  existing  laws,  to  issue  renewal  funding  bonds  for  such  district, 
to  be  exchanged  for  outstanding  bonds  issued  by  such  board  of  educa- 
tion, or  to  be  sold  for  the  purpose  of  meeting  and  paying  any  matured 
or  maturing  bonded  indebtedness  of  said  board  of  education  or  school 
districts.  (R.  S.  1889,  §  8083,  amended,  Laws  1895,  p.  259.) 

This  section  is  constitutional.  45  Mo.  458.  Unincorporated  towns  not  legally 
organized  as  school  district.  Subsequent  legislation  will  not  affect  acquired  rights  of 
parties  under  this  law.  46  Mo.  376.  The  whole  sub-district  need  not  be  included.  50 
Mo.  268.  Territory  outside  of  corporate  limits  may  be  taken  in  and  attached  for  school 
purposes.  53  Mo.  127;  60  Mo.  540;  64  Mo.  53;  65  Mo.  587;  93  Mo.  at  655;  99  Mo.  332.  School 
district  has  power  to  change  and  extend  its  limits,  although  town  is  not  incorporated. 
56  Mo.  231;  68  A.  397.  Each  organized  school  district  is  a  body  corporate  and  its  terri- 
torial form  can  be  changed  only  in  manner  pointed  out  by  statute.  120  Mo.  67.  Special 
school  district,  power  to  conderrm  land  for  school-house  site.  125  Mo.  439.  Suit  against 
school  district,  process  on  whom  served.  42  A.  154.  Only  an  authorized  common  school 
district,  having  a  village  therein,  the  plat  of  which  has  been  filed,  can  be  organized  into 
a  village  school  district.  75  A.  at  327. 

SEC.  9861.  To  organize  and  elect  six  directors.  When- 
ever .it  may  be  desired  to  organize  a  common  school  district  into  a 
city,  town  or  village  school  district,  with  special  privileges  granted 
under  this  article,  the  board  of  directors  shall,  upon  the  reception  of 
a  petition  to  that  effect  and  signed  by  ten  qualified  voters  who  are 
resident  tax-payers  of  the  district,  order  an  election  held  for  that 
purpose,  and  shall  give  notice  of  such  election  by  notices  posted  in 
five  public  places  within  the  district  for  fifteen  days  prior  to  the  day 
of  such  election — said  meeting  to  be  held  at  2  o'clock  p.  m.,  at  the 
public  school-house  in  said  district,  if  there  be  one,  but  if  there  be 


72 

no  public  school-bouse,  then  at  such  place  within  the  district  as  may 
be  designated  in  the  notices;  and  when  said  meeting  is  assembled,  it 
shall  elect  a  chairman  and  secretary,  who  shall  keep  a  correct  record 
of  the  proceedings  of  said  meeting  and  turn  the  same  over  to  the 
board,  properly  signed  and  attested  by  the  chairman,  and  the  board 
shall  have  a  copy  of  the  same  entered  upon  the  district  records;  said 
election  may  be  held  at  an  annual  or  at  a  special  meeting,  and  the 
order  of  business  under  this  section  shall  be  as  follows: 

First — To  organize  as  a  city,  town  or  village  school  district; 
those  voting  for  the  organization  shall  have  written  or  printed  on 
their  ballots  "For  organization,"  and  those  voting  against  the  organi- 
zation shall  have  written  or  printed  on  their  ballots  "Against  organi- 
zation;" and  each  person  desiring  to  vote  shall  advance  to  the  front 
of  the  chairman  and  deposit  his  ballot  in  a  box  to  be  used  for  that 
purpose.  When  all  present  shall  have  voted  the  chairman  shall  ap- 
point two  tellers,  who  shall  call  each  ballot  aloud,  and  the  secretary 
shall  keep  a  tally  and  report  to  the  chairman,  who  shall  announce 
the  result;  and  if  a  majority  of  the  votes  cast  are  "for  organization," 
the  chairman  shall  call  the  next  order  of  business. 

Second — To  elect  six  directors,  as  follows:  two  shall  be  elected  for 
three  years,  two  for  two  years  and  two  for  one  year,  and  each  director 
shall  be  elected  separately,  and  the  result  announced  in  the  manner 
prescribed  for  organization.  If  said  election  is  held  at  a  special  meet- 
ing, from  then  until  the  next  annual  meeting  shall  be  taken  as  one 
year,  so  far  as  relates  to  the  terms  of  the  directors  elected.  The  di- 
rectors chosen  must  comply  with  the  requirements  of  section  9864. 
(R.  S.  1889,  §  8084.) 

It  is  self-evident  that  sections  9830  and  9861  must  be  construed  together.  Section 
£860  authorizes  the  organization  of  a  city,  town  or  village,  the  plat  of  which  has  been 
previously  filed  in  the  recorder's  office  of  the  county  in  which  the  same  is  situated, 
together  with  territory  attached  thereto,  to  organize  into  a  single  school  district, 
possessing  certain  special  powers;  and  section  9861  provides  the  manner  of  effecting 
such  organization. 

By  "territory  attached  thereto"  is  unquestionably  meant  such  territory  as  may 
belong  to  the  school  district,  lying  outside  of  the  corporate  limits  of  the  city  or  town. 
Under  a  prior  statute,  the  supreme  court  held  that  in  the  formation  of  a  district  under 
this  act,  territory  belonging  to  adjacent  districts  could  be  attached  without  the  con- 
sent of  such  districts.  The  present  statute  does  not  admit  of  the  dismemberment  of 
districts  in  this  manner.  If  it  is  considered  desirable  to  include  in  the  organization 
territory  belonging  to  adjoining  districts,  the  boundary  lines  must  either  be  changed 
in  the  manner  provided  in  section  9742  before  organizing,  or  in  the  manner  provided 
in  section  9875  after  completing  the  organization.  The  best  way  to  secure  good  graded 
rural  schools  and  high  schools  within  reach  of  the  homes  of  rural  boys  and  girls  is  to 
organize  a  town  or  village  district  under  this  article  and  so  extend  its  boundary  lines  as 
to  include  all  districts  and  territory  within  five  or  six  miles  of  the  village.  The  dis- 
trict could  maintain  elementary  schools  sufficient  to  put  every  child  under  fourteen 
within  two  miles  of  a  good  elementary  school  and  one  school  of  higher  grade  for  all 
older  and  more  advanced  within  five  miles.  The  little  independent  school  district  with 


73 

less  than  twenty,  children  is  too  expensive.    Consolidate,  harmonize,  organize  and  econ- 
omize.   The  law  furnishes  the  opportunity. 

Territory  embraced  in  a  school  sub-district  outside  of  and  adjoining  an  incorpo- 
rated town  may  be  organized  at  the  same  time  with  that  part  within  the  corporate 
limits.  64  Mo.  53;  60  Mo.  540;  65  Mo.  f>87.  A  school  district  is  a  quasi  corporation,  and  the 
powers  of  the  corporators  and  directors  are  prescribed  and  limited  by  statute.  25  A. 
85.  The  territorial  form  of  a  school  district  can  be  changed  only  in  the  manner  pointed 
out  by  the  statutes.  120  Mo.  67. 

SEC.  9862.  Government  of  district — tenure  of  directors 
—vacancies,  how  filled. — The  government  and  control  of  such 
city,  town  or  village  district  shall  be  vested  in  a  board  of  six  directors, 
who  shall  hold  their  office  for  three  years  and  until  tKeir  successors 
are  duly  elected  and  qualified,  and  any  vacancy  occurring  in  said  board 
shall  be  filled  in  the  same  manner  and  with  like  effect  as  vacancies 
occurring  in  boards  of  other  school  districts  are  required  to  be  filled, 
and  the  person  appointed  shall  hold  office  till  the  next  annual  meet- 
ing, when  a  director  shall  be  elected  for  the  unexpired  term.  (R.  S. 
1889,  §  8085.) 

SEC.  9863.  Election  of  directors. — The  qualified  voters  of  the 
district,  shall,  annually,  on  the  first  Tuesday  of  April,  elect  two  direct- 
ors, who  are  citizens  of  the  United  States,  resident  tax-payers  and 
qualified  voters  of  the  district,  and  who  shall  have  paid  a  state  and 
county  tax  within  one  year  next  preceding  their  election  or  appoint- 
ment, who  shall  hold  their  office  for  three  years  and  until  their  suc- 
cessors are  duly  elected  and  qualified;  and  all  vacancies  in  the  board 
shall  be  filled  for  the  unexpired  term.  (R.  S.  1889,  §  8086.) 

A  woman  is  not  eligible  as  school  director,  under  this  section.    137  Mo.  628,  636. 

SEC.  9864.  Officers  of  board  and  their  duties.— Within 
four  days  after  the  annual  meeting  the  board  shall  meet,  the  newly 
elected  members  be  qualified,  and  the  board  organized  by  the  election 
of  a  president  and  vice-president,  and  the  board  shall,  on  or  before 
the  fifteenth  day  of  July  of  each  year,  elect  a  secretary  and  a  treasurer, 
who  shall  enter  upon  their  respective  duties  on  the  fifteenth  day  of 
July;  said  secretary  and  treasurer  may  be  or  may  not  be  members  of 
the  board.  No  compensation  shall  be  granted  to  either  the  secretary 
or  the  treasurer  until  his  report  and  settlement  shall  have  been  made 
and  filed  or  published  as  the  law  directs.  A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  but  no 
contract  shall  be  let,  teacher  employed,  bill  approved  or  warrant  or- 
dered, unless  a  majority  of  the  whole  board  shall  vote  therefor.  The 
president  and  secretary,  except  as  herein  specified,  shall  perform  the 
same  duties  and  be  subject  to  the  same  liabilities  as  the  presidents 
and  clerks  of  the  school  boards  of  other  districts.  (R.  S.  1889,  §  8087.) 

Proceedings  of  board  of  school  directors  must  be  shown  by  their  record.  48  A. 
408;  54  A.  202. 


74 

SEC.  9865.  Graded  and  primary  schools  to  be'estab- 
lished  and  sites  located. — When  the  demands  of  the  district  re- 
quire more  than  one  public  school  building  therein,  the  board  shall,  as 
soon  as  sufficient  funds  have  been  provided  therefor,  establish  an  ade- 
quate number  of  primary  or  ward  schools,  corresponding  in  grade  to 
those  of  other  public  school  districts,  and  for  this  purpose  the  board 
shall  divide  the  district  into  school  wards,  and  fix  the  boundaries  there- 
of, and  4he  board  shall  select  and  procure  a  site  in  each  newly  formed 
ward,  and  erect  a  suitable  school  building  thereon  and  furnish  the 
same;  and  the  board  may  also  establish  a  school  of  a  higher  grade,  in 
which  studies  not  enumerated  in  section  9798  may  be  pursued;  and 
whenever  there  is  within  the  district  any  school  property  that  is  no 
longer  required  for  the  use  of  the  district,  the  board  is  hereby  author- 
ized to  advertise,  sell  and  convey  the  same,  and  the  proceeds  derived 
therefrom  shall  be  placed  to  the  credit  of  the  building  fund  of  such 
district.  (K.  S.  1889,  §  8088.) 

Directors  have  no  power  to  change  site  of  school-house  or  erect  new  school- 
house  on  new  site  without  the  sanction  of  the  voters  of  the  district.  25  A.  85. 

SEC.  9866.     Duties,  restrictions  and  liabilities  of  board. 

The  board  shall,  except  as  herein  provided,  perform  the  same  duties 
and  be  subject  to  the  same  restrictions  and  liabilities  as  the  boards 
of  other  school  districts  acting  under  the  general  school  laws  of  the 
state:  Provided,  however,  that  in  cities  as  hereinafter  specified,  the 
board  of  education  shall  have  power  to  establish  and  maintain  a  li- 
brary for  the  use  of  the  public  school  district  therein,  and  to  appro- 
priate such  sums  as  they  may  deem  proper  for  the  support  thereof, 
not  to  exceed  in  any  one  year  two  thousand  five  hundred  dollars  for 
cities  of  twenty  thousand  and  under  one  hundred  thousand  inhabit- 
ants, and  not  to  exceed  five  hundred  dollars  for  cities  of  five  thousand 
and  under  twenty  thousand  inhabitants,  and  not  to  exceed  two  hun- 
dred and  fifty  dollars  for  cities  of  one  thousand  and  under  five  thou- 
sand inhabitants — the  population  to  be  determined  by  the  last  United 
States  or  municipal  census.  (R.  S.  1889,  §  8089,  amended,  Laws  1893, 
p.  250.) 

SEC.  9867.  School  term. — The  board  shall  keep  a  common  seal 
with  which  to  attest  its  official  acts.  The  board  shall  have  power  and 
they  are  required  to  continue  the  public  schools  in  their  respective  dis- 
tricts for  a  period  of  not  less  than  seven  nor  more  than  ten  months, 
when  the  effect  of  such  continuance  will  not  increase  the  total  esti- 
mate for  school  purposes  to  an  amount  exceeding  forty  cents  on  the 
hundred  dollars  assessed  valuation  of  the  taxable  property  of  the  dis- 
trict, unless  duly  ordered  in  compliance  with  the  provisions  of  sec- 


75 

tion  9777,  fifteen  days'  notice  having  been  given  that  such  increase 
would  be  voted  upon.    (R.  S.  1889,  §  8090.) 

SEC.  9868.  Bond  of  treasurer. — The  treasurer,  before  enter- 
ing upon  the  discharge  of  his  duties  as  such,  shall  enter  into  a  bond 
to  the  state  of  Missouri,  with  two  or  more  sureties,  to  be  approved 
by  the  board,  conditioned  that  he  will  render  a  faithful  and  just  ac- 
count of  all  money  that  may  come  into  his  hands  as  such  treasurer, 
and  otherwise  perform  the  duties  of  his  office  according  to  law — said 
bond  to  be  filed  with  the  secretary  of  the  board;  and  thereafter  said 
treasurer  shall  be  the  custodian  of  all  school  moneys  derived  from 
taxation  for  school  purposes  in  said  district  until  paid  out  on  the  order 
of  the  board,  and  on  breach  of  the  conditions  of  said  bond,  the  secre- 
tary of  such  board,  or  any  freeholder,  may  cause  suit  to  be  brought 
thereon,  which  suit  shall  be  prosecuted  in  the  name  of  the  state  of 
Missouri,  at  the  relation  and  to  the  use  of  the  proper  school  district. 
(R.  S.  1889,  §  8091.) 

Sureties  on  treasurer's  bond  remain  liable  so  long  as  he  continues  to  hold  the 
office,  though  that  be  beyond  the  period  for  which  he  is  elected.  72  Mo.  648;  48  A.  408. 

SEC.  9869.  Liability  of  treasurer  for  sinking  fund  and 
interest — compensation. — The  treasurer  of  the  board  shall  be 
the  custodian  of  all  moneys  collected  for  liquidating  any  bonded  in- 
debtedness and  interest  on  the  same,  and  shall  be  responsible  on  his 
official  bond  for  the  safe  keeping  and  proper  appliance  of  such  sink- 
ing fund  and  interest  as  may  be  by  him  received,  and  also  for  any  loss 
incurred  or  damage  resulting  from  his  failure  to  burn  any  and  all 
redeemed  bonds,  as  required  in  section  9756;  he  shall  promptly  pay 
the  interest  on  bonds  when  due,  and  pay  off,  cancel  and  burn  the 
bonds  as  rapidly  as  possible;  and  he  shall  receive  as  full  compensa- 
tion for  his  services  under  this  section,  one-half  of  one  per  cent,  on 
amount  by  him  paid  out  in  the  redemption  of  bonds  and  payment  of 
interest  on  same.  (R.  S.  1889,  §  8092.) 

SEC.  9870.  District  moneys  to  be  paid  to  treasurer.— 
That  whenever  any  state  or  county  school  money  apportioned  to  any 
school  district  formed  of  cities,  towns  or  villages,  or  of  such  cities, 
towns  and  villages  and  adjacent  territory,  shall  have  been  paid  to  any 
county  or  township  treasurer,  as  now  provided  by  law,  the  same  shall, 
on  the  application  of  the  treasurer  of  any  said  city,  town  or  village 
district,  be  paid  over  to  him  by  said  county  or  township  treasurer, 
and  the  receipt  of  any  such  school  district  treasurer  for  said  money 
shall  be  a  lawful  voucher  for  the  disposition  of  said  money  by  said 
county  or  township  treasurer,  and  be  accepted  as  such  by  the  county 
court  or  other  body  or  person  having  authority  by  law  to  make  settle- 
ments with  said  county  or  township  treasurer.  (Laws  1897,  p.  233.) 


76 

SEC.  9871.  Settlement  of  treasurer.  —  The  treasurer  of  the 
board  of  education  of  any  city,  town  or  village  shall,  annually,  be- 
tween the  first  and  fifteenth  of  July,  settle  with  the  said  board  of 
education,  and  account  to  said  board  for  all  school  moneys  or  funds 
received,  from  whom  and  on  what  account,  and  the  amount  paid  out 
for  school  purposes  in  such  city,  town  or  village,  which  settlement, 
if  found  correct  by  said  board  of  education,  shall  be  approved  by 
said  board;  and  when  the  said  settlement  is  thus  approved  it  is  here- 
by made  the  duty  of  said  treasurer  to  present  his  settlement  to  the 
clerk  of  the  county  court  of  said  county,  and  the  said  clerk  shall 
make  a  careful  examination  of  the  said  settlement,  and  if  found  cor- 
rect, he  shall  certify  the  same,  which  certificate  shall  be  prima  facie 
a  discharge  of  such  liability  of  the  treasurer  for  the  funds  expressed 
in  the  vouchers;  and  at  the  expiration  of  his  term  of  office  said  treas- 
urer shall  deliver  over  to  his  successor  in  office  all  books  and  papers, 
with  all  moneys  or  other  property  in  his  hands,  and  also  all  orders 
he  may  have  redeemed  since  his  last  annual  settlement  with  the 
board  of  education  and  with  the  county  clerk,  and  take  the  duplicate 
receipts  of  his  successor  therefor,  one  of  which  he  shall  deposit  with 
the  secretary  of  said  board  of  education,  and  the  other  with  the  clerk 
of  said  county  court.  (R.  S,  1889,  §  8093.) 

SEC.  9872.  Duties  of  county  clerk — how  paid. — The  clerk 
of  the  county  court  of  such  county  shall  perform  the  same  duties 
under  this  law,  not  herein  specified,  as  he  shall  be  required  by  law 
to  perform  in  relation  to  the  state  and  county  taxes  in  said  county, 
and  shall  receive  like  compensation  therefor,  the  same  to  be  paid  by 
the  county  treasurer  upon  warrant  issued  by  the  county  court.  (R.  S. 
1889,  §  8094.) 

SEC.  9873.  Duties  of  collectors. — The  county  or  township 
collector  shall  pay  over  to  the  treasurer  of  said  board  of  education  all 
moneys  received  and  collected  by  him  to  which  said  board  is  entitled, 
at  least  once  in  every  month;  and  upon  such  payment  he  shall  take 
duplicate  receipts  from  said  treasurer,  one  of  which  he  shall  file  with 
the  secretary  of  said  board  of  education,  and  the  other  shall  be  filed 
in  his  settlement  with  the  county  court.  (R.  S.  1889,  §  8095.) 

SEC.  9874.  Regulations  governing  elections  at  annual 
meetings. — The  qualified  voters  of  such  city,  town  or  village  school 
district  shall  vote  by  ballot  upon  all  questions  provided  by  law  for 
submission  at  the  annual  school  meetings,  and  such  election  shall  be 
held  on  the  first  Tuesday  in  April  of  each  year,  and  at  such  convenient 
place  within  the  district  as  the  board  may  designate,  beginning  at  7 
o'clock  a.  m.  and  closing  at  6  o'clock  p.  m.  of  said  day.  The  board 


77 

shall  elect  three  judges  of  election,  and  said  judges  shall  appoint  two 
clerks;  said  judges  and  clerks  shall  be  sworn  and  the  election  other- 
wise conducted  in  the  same  manner  as  the  elections  for  state  and 
county  officers,  and  the  result  thereof  certified  by  the  judges  and 
clerks  to  the  secretary  of  the  board  of  directors,  who  shall  record 
the  same,  and  by  order  of  said  board  shall  issue  certificates  of  elec- 
tion to  the  persons  entitled  thereto;  and  the  results  of  all  other  propo- 
sitions submitted  must  be  reported  to  the  secretary  of  the  board,  and 
by  him  duly  entered  upon  the  district  records.  All  propositions  sub- 
mitted at  said  annual  meeting  may  be  voted  for  upon  one  and  the  same 
ballot,  and  the  necessary  poll-books  shall  be  made  out  and  furnished 
by  the  secretary  of  the  board:  Provided,  that  in  all  cities  and  towns 
having  a  population  exceeding  two  thousand  and  not  exceeding  one 
hundred  thousand,  said  elections  shall  be  held  at  the  same  time  and 
places  as  the  election  for  municipal  officers,  and  the  judges  and  clerks 
of  such  municipal  election  shall  act  as  judges  and  clerks  of  said  school 
election,  but  the  ballots  for  said  school  election  shall  be  upon  sepa- 
rate pieces  of  paper  and  deposited  in  a  separate  ballot-box  kept  for 
that  purpose,  but  no  greater  number  of  names  for  directors  shall  be 
upon  any  ballot  than  are  to  be  voted  for  at  such  election.  Should 
such  school  district  embrace  territory  not  included  in  the  limits  of 
such  city  or  town,  the  qualified  voters  thereof  may  vote  at  such  voting 
precinct  as  they  would  be  attached  to  provided  the  ward  lines  thereof 
were  extended  and  produced  through  such  adjoining  territory.  (R.  S. 
1889,  §  8096.) 

SEC.  9875.  Change  of  boundary  lines. — Whenever  an  en- 
tire school  district  or  a  part  of  a  district  adjoining  any  city,  town  or 
village  school  district,  desires  to  be  attached  thereto  for  school  pur- 
poses, upon  the  reception  of  a  petition  setting  forth  such  fact  and 
signed  by  ten  qualified  voters  of  such  district,  the  board  of  directors 
thereof  shall  order  a  special  meeting  for  said  purpose,  by  posting 
notices  in  five  public  places  within  the  district  for  fifteen  days  prior 
to  the  day  of  such  meeting;  said  meeting  shall  be  held  at  2  o'clock  p. 
m.  on  the  day  specified  in  the  notices,  and  when  assembled,  the  meet- 
ing shall  be  organized  by  the  election  of  a  chairman  and  a  secretary, 
who  shall  keep  a  correct  record  of  the  transactions  of  said  meeting, 
and  should  a  majority  of  the  votes  cast  favor  such  annexation,  the  sec- 
retary shall  certify  the  fact,  with  a  copy  of  the  record,  to  the  board  of 
said  district  and  to  the  board  of  said  city,  town  or  village  school  dis- 
trict; whereupon  the  board  of  such  city,  town  or  village  district  shall 
meet  to  consider  the  advisability  of  receiving  such  territory,  and 
should  a  majority  of  all  the  members  of  said  board  favor  such  annexa- 


78 

tion,  the  boundary  lines  of  such  city,  town  or  village  school  district 
shall  from  that  date  be  changed  so  as  to  include  said  territory,  and 
said  board  shall  immediately  notify  the  clerk  of  said  district  which 
has  been  annexed,  in  whole  or  in  part,  of  its  action.  In  case  an  entire 
district  is  thus  annexed,  all  property  and  money  on  hand  thereto  be- 
longing shall  immediately  pass  into  the  possession  of  the  board  of 
said  city,  town  or  village  district;  but  should  only  a  part  of  a  district 
be  annexed  thereto,  said  part  shall  relinquish  all  claim  and  title  to 
any  part  of  the  school  property  and  money  on  hand  belonging  to  said 
original  district,  and  that  portion  of  the  district  remaining  must  con- 
tain within  its  limits  thirty  children  and  thirty  thousand  dollars  as- 
sessed valuation,  or  thirty  children  and  nine  square  miles  of  territory. 
The  voting  at  said  special  school  meeting  shall  be  by  ballot,  as  pro- 
vided for  in  section  9861,  and  the  ballots  shall  be  "for  annexation"  and 
"against  annexation"  when  the  whole  district  is  to  be  annexed,  but  if 
only  a  part  is  to  be  annexed,  the  ballots  shall  read  "for  release"  and 
"against  release."  (R.  S.  1889,  §  8097.) 

Board  of  special  school  district,  power  to  extend  limits.  65  Mo.  50.  Meeting  to 
vote  upon  proposition  to  annex  territory  must  be  called  by  board  of  directors.  54  A. 
202.  How  right  of  annexation  may  be  exercised.  68  A.  397. 

It  will  be  observed  that  no  provision  is  made  for  detaching  territory  from  a  dis- 
trict organized  under  this  article. 

SEC.  9876.  Annexation  to T  school  district  when  cor- 
porate limits  are  extended. — Whenever,  by  reason  of  the  limits 
of  any  city,  town  or  village  being  extended,  a  portion  of  the  territory  of 
any  school  district  adjacent  thereto  has  been  incorporated  in  the 
city,  town  or  village  school  district,  the  inhabitants  of  such  remain- 
ing parts  of  districts  shall  have  the  right  to  be  annexed  to  such  city, 
town  or  village  school  district:  Provided,  that  when  such  part  of  a 
school  district  desires  to  be  so  annexed,  an  election  shall  be  held  at 
a  special  meeting  as  provided  in  section  9875,  and  should  a  majority  of 
the  votes  cast  favor  annexation,  the  secretary  shall  certify  the  fact, 
with  a  copy  of  the  record,  to  the  board  of  said  district  and  to  the 
board  of  said  city,  town  or  village  school  district;  whereupon  the 
board  of  such  city,  town  or  village  district  shall  meet  and  confirm 
such  annexation  by  a  proper  resolution  of  record;  and  provided,  that 
when  such  part  of  a  school  district  has  no  organization,  any  ten 
qualified  voters  may  call  a  meeting  of  the  district  and  proceed  as 
provided  in  the  foregoing  section;  and  the  secretary  of  such  meeting 
shall  certify  if  the  majority  vote  for  annexation,  to  the  board  of 
directors  of  the  city,  town  or  village  school  district,  and  the  same 
action  shall  be  taken  as  provided  above.  The  remaining  portion  of 
such  district  shall  be  entitled  to  be  attached  to  said  city,  town  or 


~ 
79  ft   UNH       ^ 


village  school  district:  Provided,  that  the  school  population  of  said 
adjoining  district  has  been  reduced  to  a  smaller  number  than  that 
required  by  law,  or  the  territory  has  been  reduced  to  less  than  nine 
square  miles;  and  whenever  such  adjoining  fractional  district  shall 
desire  to  be  so  annexed,  a  petition  or  memorial  shall  be  presented  to 
the  city,  town  or  village  school  district,  informing  the  board  of  di- 
rectors of  the  same  of  their  desire  to  be  annexed,  and  giving  the 
boundary  of  the  fractional  district  desired  to  be  annexed,  the  number 
of  inhabitants  in  the  same,  and  the  number  of  children  of  school  age; 
whereupon  the  board  of  directors  of  such  city,  town  or  village  school 
district  shall  take  such  action  for  the  incorporation  of  such  adjoining 
territory  as  is  required  to  be  taken  when  territory  has  been  annexed, 
as  provided  in  section  9875:  Provided,  however,  that  where  a  portion 
of  one  or  more  school  districts  adjacent  to  such  city,  town  or  village 
school  district,  and  adjacent  to  each  other,  have  been,  by  reason  of 
the  extension  of  the  limits  of  such  city,  deprived  of  the  necessary 
school  population  or  territory  to  enable  them  to  maintain  their  school 
district  organization,  they  shall  have  a  right  to  elect,  first,  to  become 
a  part  of  said  city,  town  or  school  district;  or,  second,  to  continue  as 
a  separate  school  district;  or,  third,  to  join  two  or  more  of  the  ad- 
joining school  districts;  and  for  the  purpose  of  such  election,  the 
qualified  voters  of  such  districts  shall  call  a  special  meeting  and 
proceed  to  vote  on  such  propositions,  as  provided  in  section  9875; 
and  provided,  if  the  said  fractional  part  of  a  district  has  no  board  of 
directors  remaining,  any  ten  qualified  voters  of  said  fraction  of  a 
district  may  call  such  special  meeting,  and  if  a  majority  of  the  quali- 
fied voters,  present  and  voting  at  said  meeting  vote  favorable  to  either 
of  said  propositions,  a  certified  copy  of  the  proceedings  of  such  meet- 
ing shall  be  delivered  to  the  board  of  directors  of  the  school  district 
to  which  they  vote  to  be  attached,  and  such  board  of  directors  shall 
take  such  steps  as  necessary  and  lawful  to  perfect  the  annexation 
as  decided  by  said  election.  (Laws  1895,  p.  259.) 

This  act  of  April  11,  1895,  is  applicable  to  the  extension  of  the  city  limits  made 
prior  to  said  date,  and  a  portion  of  a  school  district  lying  adjacent  to  such  city  dis- 
trict ipso  fac<o  became  a  part  of  the  city  district;  the  act  is  not  retrospective  in  the  con- 
stitutional sense,  and  the  remaining  portion  of  the  adjoining  district  not  so  annexed 
by  said  act  is  entitled  to  be  annexed. 

The  right  of  annexation  may  be  exercised  as  follows: 

(1)  When  the  fractional  district  has  an  organization  and  the  territory  and  the 
school  population  required  by  law. 

(2)  When  such  district  has  no  organization,  but  has  the  territory  and  school  popu- 
lation required  by  law. 

(3)  When  it  has  an  organization  and  school  population,  but  not  the  territory  re- 
quired by  law. 

(4)  When  It  has  the  territory,  but  not  the  organization  nor  the  population  re- 
quired by  law.    68  A.  397. 


80 

SEC.  9877.  Employment  of  members  of  school  board, 
and  publication  of  financial  report. — No  member  of  any  pub- 
lic school  board  of  any  city,  town  or  village  in  this  state,  having 
less  than  twenty-five  thousand  inhabitants,  shall  hold  any  office  or 
employment  of  profit  from  said  board  while  a  member  thereof,  ex- 
cept the  secretary  and  treasurer,  who  may  receive  reasonable  com- 
pensation for  their  services:  Provided,  the  compensation  of  the  sec- 
retary shall  not  exceed  one  hundred  and  fifty  dollars,  and  that  of 
the  treasurer  shall  not  exceed  fifty  dollars,  for  any  one  year;  and 
provided,  further,  that  it  shall  be  the  duty  of  each  of  said  boards,  and 
of  the  boards  of  directors  in  other  school  districts  in  this  state  hav- 
ing graded  schools,  to  make  and  publish  annually,  on  or  before  the 
15th  day  of  July  in  each  year,  in  some  newspaper  published  in  said 
city,  town  village  or  school  district,  and  if  there  be  no  newspaper 
published  therein,  then  by  written  statements  posted  in  five  public 
places  in  such  districts,  a  detailed  statement  of  all  receipts  of  school 
moneys,  when  and  from  what  source  derived,  and  of  all  expenditures 
and  on  what  account;  also,  the  present  indebtedness  of  the  district 
and  its  nature,  and  the  rate  of  taxation  for  all  school  purposes  for  the 
year;  which  said  statement  so  required  to  be  made  and  published  shall 
be  duly  attested  by  the  president  and  secretary  of  the  board,  and  the 
secretary  shall  forward  a  copy  of  said  report  to  the  state  superintend- 
ent of  public  schools  at  Jefferson  City.  And  any  board  of  education  or 
board  of  directors  who  shall  fail,  refuse  or  neglect  to  order  such  state- 
ment to  be  made,  and  any  officer  of  said  board  who  shall  fail,  refuse 
or  neglect  to  prepare  such  statement  and  publish  and  forward  the 
same,  as  required  by  the  foregoing  provisions  of  this  section,  when 
ordered  by  such  board  shall  be  guilty  of  a  misdemeanor  and  punish- 
able by  a  fine  not  to  exceed  one  hundred  dollars.  (R.  S.  1889,  §  8098.) 

The  department  of  education  sends  out  a  blank  for  the  report  contemplated  by 
this  section.  Secretaries  of  school  boards  should  make  this  report  promptly  between 
the  1st  and  15th  days  of  July  in  each  year,  and  thus  avoid  unnecessary  correspondence. 

SEC.  9878.    Boards  in  certain  cities  to  purchase  site,  etc., 

when. — In  all  such  school  districts  as  are  mentioned  in  this  article, 
that  have  a  population  exceeding  five  thousand  and  not  exceeding 
one  hundred  thousand  inhabitants,  the  board  of  directors  of  such 
school  districts  shall  have  full  power,  by  an  affirmative  vote  of  not 
less  than  two-thirds  of  all  the  members  of  such  board,  to  locate  and 
direct  and  authorize  the  purchase  of  sites  for  school-houses,  libraries 
and  school  offices,  and  by  a  like  vote  to  direct  and  authorize  the  sale 
of  any  real  estate  or  other  property  belonging  to  such  school  districts; 
and  if  two-thirds  of  the  members  of  such  board  shall  authorize  and  di- 
rect the  sale  of  such  real  estate,  the  same  shall  be  entered  of  record 


81 

by  the  secretary,  together  with  the  terms  of  such  sale,  and  the  presi- 
dent of  such  board  shall,  in  the  name  of  such  board,  execute  the  neces- 
sary deed  or  deeds  of  conveyance  to  the  purchaser  or  purchasers  there- 
of; which  said  deeds  of  conveyance  shall  be  by  him  acknowledged,  as 
other  deeds  conveying  real  estate  are  by  law  required  to  be  acknowl- 
edged. (K.  S.  1889,  §  8099.) 

SEC.  9879.  Board  may  accept  gifts,  etc.,  for  libraries. — 
The  board  of  education  shall  have  power  to  accept  and  receive  gifts 
and  devises  for  the  erection  and  endowment  of  libraries  and  for  the 
purchase  of  books,  and  to  invest  the  same,  and  to  loan  such  endow- 
ment fund  upon  the  same  security  and  in  the  same  manner  as  required 
by  law  for  the  county  or  capital  school  fund.  (Laws  1891,  p.  205.) 

A  gift  is  not  complete  until  money  is  paid,  etc.    138  Mo.  672. 


ARTICLE  VI. 


INSTITUTES. 


SECTION 

9962.  Teachers'      institutes     for     colored 

teachers. 

9963.  County  institute  fund  created. 

9964.  County   institute    board   to    be   ap- 

pointed—duties of. 

9965.  Construction  of  article. 

9966.  Superintendent  of  schools  to  make 

rules,  etc. 

9967.  Illegally    isuing    certificates— penal- 

ty. 

9968.  Application   of   article. 


SECTION 

9957.  Institutes      established— conductors 

and   instructors— their   compensa- 
tion. 

9958.  Institute  board  of  examiners— three 

grades    of    certificates— examina- 
tion for  certificates. 

9959.  Defining  more  definitely  the  duties 

of  the  county   institute  board  of 
examiners. 

9960.  Commissioner   may    revoke    certifi- 

cate. 

9961.  Course  of  study   for   county   insti- 

tutes to  be  prepared. 

SEC.  9957.  Institutes  established — conductors  and  in- 
structors— their  compensation. — There  shall  be  held  in  each 
county  in  the  state,  in  May,  June,  July  or  August  of  each  year,  a 
county  teachers'  institute.  The  length  of  term,  the  time  when  each 
institute  shall  begin,  and  the  place  at  which  it  shall  be  held,  shall 
be  determined  by  the  vote  of  each  institute  at.  the  close  of  the  insti- 
tute held  in  May,  June,  July  or  August  of  the  year  1893,  and  at  the 
close  of  each  institute  annually  thereafter:  Provided,  that  no  institute 
shall  continue  for  a  period  of  less  than  two  weeks.  The  persons  who 
are  authorized  to  conduct  and  teach  the  said  county  institutes  shall 
be  called  conductors  and  instructors.  The  conductor  shall  be  the  prin- 
cipal teacher  of  each  institute,  and  the  instructors  shall  be  the  assist- 
ant teachers  of  said  institutes.  The  compensation  of  conductors 
and  instructors  shall  be  fixed  by  the  county  institute  board  herein- 
after provided  for,  but  no  conductor  shall  receive  from  the  county 
institute  fund  more  than  thirty-seven  dollars  and  a  half  per  week,  and 
no  instructor  more  than  twenty-five  dollars  per  week  for  services  a$ 

S-6 


82 

such  conductor  or  instructor.     (Laws  1891,  p.  211,  amended,  Laws 
1893,  p.  251.) 

The  county  commissioner  has  the  right  to  be  heard,  in  way  of  giving  counsel  and 
suggestions;  but  he  has  no  further  right.  The  appointing  power  is  vested  in  the 
county  court,  and  it  may  accept  or  reject  the.  advice  of  the  commissioner.  141  Mo.  12. 

SEC.  9958.  Institute  board  of  examiners — three  grades 
of  certificates— examination  for  certificates. — The  county  in- 
stitute board  of  examiners  shall  consist  of  the  county  commissioners 
of  each  county  and  the  conductors  and  instructors  of  the  institute. 
The  county  commissioner,  for  his  services  as  member  of  the  said  board 
of  examiners,  shall  receive  the  sum  of  ten  dollars,  and  in  cases  when 
he  is  not  a  conductor  or  instructor  in  his  county  institute,  he  shall 
receive  thirty  dollars  in  addition  to  this  amount  for  such  services: 
Provided,  however,  that  should  any  conductor  or  instructor  refuse  to 
act  as  a  member  of  such  board  of  examiners,  said  conductor  or  in- 
structor so  refusing  shall  not  receive  any  compensation  as  conductor 
or  instructor.  Certificates  issued  by  the  county  board  of  examiners 
shall  be  of  three  grades:  Third  grade  shall  be  valid  for  one  year, 
second  grade  for  two  years,  and  first  grade  for  three  years  in  the 
county  for  which  they  are  issued.  Teachers  shall  be  granted  a  third 
grade  certificate  who  are  of  good  moral  character  and  who  shall  pass 
a  satisfactory  examination  upon  the  following  branches:  Arithmetic, 
language  lessons,  English  grammar,  geography,  spelling,  reading,  pen- 
manship, United  States  history,  civil  government  (including  state  gov- 
ernment) and  physiology  and  hygiene  with  special  reference  to  the 
effect  of  alcoholic  drinks,  and  stimulants  and  narcotics  generally,  upon 
the  human  system.  Teachers  who  shall  pass  a  satisfactory  examina- 
tion upon  the  branches  hereinbefore  mentioned,  and  algebra  and  lit- 
erature, and  who  are  of  good  moral  character,  shall  be  granted  a  cer- 
tificate of  the  second  grade.  Teachers  who  shall  pass  a  satisfactory  ex- 
amination upon  the  branches  hereinbefore  mentioned  and  in  addition 
thereto  one  division  of  history,  either  ancient,  modern  or  English, 
and  one  branch  of  science,  either  physical  geography,  elementary 
physics,  or  elementary  biology  relating  to  agriculture,  and  who  are 
of  good  moral,  character,  shall  be  granted  a  certificate  of  the  first 
grade:  Provided,  that  to  obtain  a  first  grade  certificate,  the  applicant 
shall  have  had  one  year's  experience  in  teaching  and  shall  maintain 
an  average  grade  of  eighty-five,  and  to  obtain  a  second  or  third  grade 
certificate,  an  average  grade  of  eighty;  but  no  certificate  shall  be 
granted  to  any  applicant  whose  grade  in  any  branch  falls  below  sixty: 
Provided,  further,  that  if  any  county  commissioner  shall  be  the  only 
conductor  or  instructor  of  the  institute,  he  shall  constitute  the  board 
of  examiners:  Provided,  further,  that  the  county  commissioner,  upon 


83 

presentation  of  the  receipt  from  the  county  treasurer  hereinafter  pro- 
vided for,  and  upon  the  payment  by  the  applicant  of  one  dollar  and 
fifty  cents,  shall  examine  any  applicant  who,  for  good  and  sufficient 
reasons,  did  not  attend  the  examination  held  by  the  county  institute 
board  of  examiners.  If  the  applicant  shall  have  satisfied  the  county 
commissioner  of  his  or  her  qualifications  and  moral  character,  then  a 
certificate,  extending  to  the  next  teachers'  institute,  shall  be  granted, 
and  the  above  mentioned  treasurer's  receipt  shall  entitle  such  appli- 
cant to  attend  the  said  next  teachers'  institute  without  an  additional 
fee.  A  record  of  all  certificates  granted  and  revoked  shall  be  kept 
by  the  county  commissioner,  said  record  exhibiting  the  number  grant- 
ed, date,  grade  and  length  of  time  for  which  each  certificate  was  given, 
and  the  name,  age,  sex  and  nativity  of  the  person  receiving  the  same. 
(Laws  1891,  p.  211,  amended,  Laws  1893,  p.  251,  amended.) 

The  applicant  for  the  first  grade  certificate  has  the  right  to  select  which  one  of 
the  three  divisions  of  history  and  which  one  of  the  three  branches  of  science  he  shall 
be  examined  upon.  Neither  the  commissioner,  the  examining  board  nor  the  institute 
has  the  right  to  determine  this  matter. 

An  applicant  who  has  been  employed  as  teacher  in  the  public  schools  of  this 
State  for  a  period  of  six  months  fulfills  the  requirement  as  to  experience  necessary  to 
obtain  a  first-grade  certificate. 

Observe  that  the  county  commissioner  is  not  authorized  to  receive  the  institute 
fee  in  case  of  examination  for  special  certificate.  The  institute  fee  must  be  paid  to 
the  county  treasurer  and  the  treasurer's  receipt  presented  to  the  county  commissioner. 

The  only  authority  conferred  upon  a  county  commissioner  to  grant  an  examination 
for  a  special  certificate  is  that  given  by  this  section,  which  limits  such  authority  to 
applicants  who  for  "good  and  sufficient  reasons''  did  not  attend  the  examination  held 
by  the  institute  board  of  examiners.  The  county  commissioner  is  the  judge  of  what 
constitutes  a  "good  and  sufficient  reason"  for  not  attending  the  institute  examina- 
tion. There  is  no  appeal  from  his  decision. 

SEC.  9959.  Defining  more  definitely  the  duties  of  the 
county  institute  board  of  examiners.— It  shall  be  the  duty  of 
the  county  institute  board  of  examiners  of  each  county  to  set  aside  the 
last  three  days  of  the  institute  each  year  as  examination  days.  Dur- 
ing these  three  days,  the  said  board  of  examiners  shall  give  their  at- 
tention to  the  examination  of  the  teachers  who  have  been  in  attend- 
ance upon  the  institute;  also  to  the  examination  of  such  teachers  who 
have  not  been  in  attendance  upon  the  institute,  as  may  present  them- 
selves for  examination:  Provided,  that  the  institute  board  of  exam- 
iners of  any  county  may,  in  its  discretion,  accept  the  certificate  issued 
by  the  institute  board  of  examiners  of  any  other  county  in  lieu  of  an 
examination,  and  may  indorse  the  same,  the  members  thereof  writing 
their  names  upon  the  back  of  the  certificate,  together  with  the  name 
of  the  place  and  the  date  of  such  indorsement;  any  certificate  thus 
indorsed  shall  be  authority  to  teach  in  the  county  in  which  it  is  in- 
dorsed until  the  expiration  of  the  term  for  which  such  certificate  was 
originally  issued:  Provided,  further,  that  the  indorsement  of  the  coun- 


84 

ty  institute  board  of  examiners  shall,  whenever  made,  be  made  with- 
out fee  to  the  board,  and  without  the  payment  of  three  dollars  by  the 
applicant  into  the  county  treasury;  and  provided  further,  that  after 
the  close  of  the  institute  in  any  county,  the  county  commissioner  may, 
in  his  discretion,  in  like  manner  indorse  certificates  issued  by  the  insti- 
tute board  of  examiners  of  any  other  county,  which  indorsement  shall 
give  the  certificates  the  same  validity  as  the  indorsement  of  the  county 
institute  board  of  examiners  hereinbefore  mentioned.  However,  in 
case  of  indorsement  by  the  county  commissioner,  the  applicant  for  such 
indorsement  shall  pay  to  the  county  commissioner  a  fee  of  one  dollar, 
and  no  other  fee  shall  be  required.  (Laws  1893,  p.  251.) 

While  all  applicants  who  demand  it  must  have  opportunity  to  take  the  examina- 
tion during  the  last  three  days  of  the  institute,  the  law  does  not  prohibit  the  continua- 
tion of  the  regular  work  of  the  institute  when  it  will  not  interfere  with  examinations. 
This  is  simply  directory  and  examinations  held  at  the  beginning  of  the  institute,  or 
at  any  time  during  the  institute,  will  comply  with  the  spirit  of  the  law.  All  teachers 
who  for  any  reason  did  not  attend  previous  examination  must  be  given  opportunity 
on  the  last  three  days.  Examinations  held  at  the  beginning  of  the  institute  remove 
largely  the  incentive  to  work  alone  for  grades. 

This  section  confers  authority  to  endorse  certificates  issued  by  county  institute 
boards  of  examiners.  A  certificate  so  issued  may  be  endorsed  in  any  county  in  the 
state:  (1)  by  the  institute  board  of  examiners  while  the  institute  is  in  session;  and  (2) 
by  the  county  commissioner  after  the  institute  has  adjourned.  Such  endorsement 
renders  the  certificate  valid  in  the  county  in  which  it  is  endorsed  during  the  time  for 
which  such  certificate  was  issued.  Either  an  institute  board  of  examiners  or  a  county 
commissioner  may  lawfully  refuse  to  endorse  a  certificate.  They  are  authorized  to 
endorse  but  not  required  to  do  so. 

SEC.  9960.    Commissioner  may  revoke  certificate.  —  Any 

county  certificate  may  be  revoked  by  the  county  commissioner  for 
immorality  or  neglect  of  duty,  when  satisfactory  proof  thereof  is 
furnished  the  commissioner,  all  charges  to  be  preferred  in  writing  and 

signed  by  the  party  or  parties  filing  the  accusation.  (Laws  1891, 
p.  211.) 

When  charges  are  preferred,  as  specified  in  this  section,  the  county  commissioner 
should  designate  the  time  and  place  of  holding  the  trial,  and  furnish  the  accused  with 
a  copy  of  the  charges.  The  commissioner  has  no  authority  to  subpoena  or  swear 
witnesses.  No  provision  is  made  for  payment  of  costs  incident  to  tne  trial. 

SEC.  9961.  Course  of  study  for  county  institutes  to  be 
prepared. — The  state  board  of  education  shall  appoint  a  commit- 
tee of  six,  one  of  whom  shall  be  the  state  superintendent,  to  prepare 
a  course  of  study  for  teachers'  institutes.  The  said  committee  shall 
prepare  a  three  years'  course  in  the  branches  to  be  taught  in  said  in- 
stitutes, namely;  arithmetic,  language  lessons,  English  grammar, 
geography,  spelling,  reading,  penmanship,  United  States  history,  civil 
government  (including  state  government),  physiology  and  hygiene, 
methods,  school  management  and  elementary  mental  science.  (Laws 
1891,  p.  211.) 

Construing  this  section  with  section  9958  it  makes  pedagogy  (methods,  manage- 
ment and  mental  science)  one  of  the  necessary  branches  to  be  taught  in  the  institute 
and  upon  which  teachers  roust  be  examined. 


85 

SEC.  9962.    Teacher's  institutes  for  colored  teachers.— 

The  state  board  of  education  is  hereby  authorized  to  establish  such 
teachers'  institutes  as  may  be  necessary  to  train  and  license  the 
colored  teachers  of  the  state.  Said  board  of  education  shall  determine 
the  time,  place,  length  of  session  and  the  number  of  institutes,  and 
shall  appoint  the  conductors  and  instructors  of  said  institutes  for 
colored  teachers,  and  shall  determine  the  compensation  of  the  same, 
which  compensation  shall  be  the  same  as  that  provided  for  in  section 
9957  of  this  article  for  conductors  and  instructors  of  county  institutes, 
and  warrants  for  compensation  of  the  same  shall  be  drawn  by  the 
state  auditor  on  the  state  treasurer,  upon  the  certificate  of 
the  county  commissioner  of  the  county  in  which  said  insti- 
tute for  school  teachers  was  held,  stating  that  the  proper 
services  have  been  rendered.  It  shall  be  the  duty  of  the 
conductors  and  instructors  of  said  colored  institutes  to  make 
themselves  satisfied,  by  examination  or  otherwise,  that  the  applicants 
presenting  themselves  for  county  certificates  are  of  good  moral  char- 
acter, and  are  qualified  in  the  branches  required  in  the  several  grades 
of  county  certificates,  to  forward  to  the  county  commissioner  of  each 
county  a  list  of  the  applicants  from  his  county  recommended  by  them 
for  county  certificates,  and  said  county  commissioner  shall  at  once 
issue  certificates  to  the  teachers  so  recommended,  without  further 
examination  and  without  fee:  Provided,  that  the  county  commissioner 
shall  examine  any  colored  teacher  who  for  good  and  sufficient  rea- 
sons did  not  attend  the  last  institute  held,  in  the  same  manner  as  is 
provided  for  in  section  9958  of  this  article  for  other  teachers  failing 
to  attend.  (Laws  1891,  p.  211,  amended,  Laws  1893,  p.  251.) 

The  conductor  of  an  institute  for  colored  teachers  must  require  each  teacher  to 
present  a  county  treasurer's  receipt  for  three  dollars  before  enrollment.  A  receipt 
from  a  county  commissioner  or  a  statement  that  the  fee  has  been  paid  is  not  sufficient. 

At  the  conclusion  of  an  institute  for  colored  teachers,  the  conductor  should  for- 
ward to  the  county  commissioner  of  each  county  a  list  of  the  applicants  from  his 
county  recommended  for  county  certificates. 

Upon  receipt  of  the  recommendation,  it  is  the  duty  of  the  county  commissioner 
to  issue  certificates  to  the  persons  named  therein,  "without  further  examination  and 
without  fee." 

SEC.  9963.  County  institute  fund  created.— There  is  hereby 
created  in  each  county  in  this  state  a  county  institute  fund  to  be 
supplied  in  the  following  manner:  It  shall  be  the  duty  of  each  teach- 
er in  the  county  to  pay  to  the  county  treasurer,  on  or  before  the  open- 
ing of  the  institute  each  year,  the  sum  of  three  dollars,  and  no  teacher 
shall  be  enrolled  in  any  institute,  or  receive  a  certificate,  without  first 
presenting  a  receipt  from  the  county  treasurer,  showing  that  the  law 
has  been  complied  with.  It  shall  be  the  duty  of  the  county  treasurer 
to  credit  the  money  received  under  the  provisions  of  this  section  to 
the  county  institute  fund,  and  to  pay  out  money  from  that  fund  only 


86 

upon  the  order  of  the  county  institute  board:  Provided,  however,  that 
all  moneys  received  by  the  county  treasurers  from  colored  teachers 
shall  be  kept  in  a  separate  fund,  and  by  the  said  treasurers  paid  into 
the  state  treasury  annually,  on  the  first  day  of  August,  to  be  used  to 
defray  the  expenses  of  colored  institutes.  (Laws  1891,  p.  211.) 

SEC.  9964.  County  institute  board  to  be  appointed  - 
duties  of. — It  shall  be  the  duty  of  the  county  court  in  each  county  on 
or  before  the  first  day  of  May  of  each  year,  to  appoint,  by  and  with  the 
advice  of  the  county  commissioner,  two  competent  persons,  who,  to- 
gether with  the  county  commissioner,  shall  constitute  the  county  in- 
stitute board.  All  vacancies  which  may  occur  in  said  county  institute 
board  shall  be  filled  by  appointment  by  the  remaining  members  or 
member.  It  shall  be  the  duty  of  the  county  institute  board  to  appoint 
the  conductor  and  instructors  in  the  county  institutes,  fix  their  com- 
pensation, and  fill  all  vacancies  which  may  occur  by  resignation  or 
otherwise.  It  shall  be  the  duty  of  the  county  institute  board  to  issue 
warrants  on  the  county  treasurer  for  the  payment  of  the  conductor 
and  instructors,  the  members  of  the  county  institute  board  of  exam- 
iners, and  for  the  payment  of  all  their  expenses:  Provided,  further, 
that  with  the  exception  of  the  county  commissioner,  no  member  of  the 
county  institute  board  shall  act  as  a  conductor  or  instructor,  or  re- 
ceive compensation  therefor.  (Laws  1891,  p.  211,  amended,  Laws  1893, 
p.  251.) 

SEC.  9965.  Construction  of  article. — Nothing  in  this  article 
shall  be  so  construed  as  to  conflict, with  the  laws  now  in  existence 
providing  for  the  granting  of  normal  certificates  and  normal  diplomas 
by  the  state  normal  schools.  (Laws  1891,  p.  211.) 

SEC.  9966.  Superintendent  of  schools  to  make  rules,  etc. 
The  superintendent  of  public  schools  is  hereby  authorized  to  make 
all  necessary  rules  and  regulations  for  carrying  into  operation  the 
provisions  of  this  article.  (Laws  1891,  p.  211.) 

SEC.  9967.  Illegally  issuing  certificates— penalty.  —  Any 
county  commissioner,  or  member  of  county  institute  board  of  exam- 
iners, who  shall  grant  complimentary  certificates,  or  certificates  ex- 
cept in  accordance  with  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  five  hundred  dollars.  (Laws  1891,  p.  211.) 

SEC.  9968.  Application  of  article. — The  provisions  of  this 
article  shall  not  apply  to  cities  having  or  hereafter  attaining  a  popula- 
tion of  three  hundred  thousand  or  more,  nor  to  counties  which  may 
have  adopted  or  may  hereafter  adopt  county  supervision  except  in 
counties  having  supervision,  this  article  shall  be  operative  in  so  far 


87 

as  it  relates  to  the  grades  of  teachers'  certificates.    (Laws  1891,  p.  211, 
amended.) 

The  last  two  lines  of  section  9968  beginning-  with  "except"  was  added  to  the  law 
in  1S9U  for  the  purpose  of  making  the  certificates  issued  in  counties  having  supervision 
conform  to  those  issued  in  other  counties.  Teachers  in  such  counties  must  be  examined 
on  subjects  enumerated  in  section  9958. 

NOKMAL  SCHOOLS. 

SEC.  9993.  Authority  to  teach. — The  normal  diploma,  con- 
ferred upon  completing  the  "advanced  course,"  shall  entitle  the  holder 
thereof  to  teach  in  any  county  in  this  state,  without  further  examina- 
tion, until  revoked  by  the  board  of  regents  or  curators  granting  the 
same,  or  by  the  county  school  commissioner,  or  state  superintendent 
of  schools,  for  incoinpetency,  cruelty,  immorality,  drunkenness  or  neg- 
lect of  duty;  and  the  normal  certificate,  granted  upon  completing  the 
"elementary  course/'  shall  bear  the  names  of  the  branches  of  study 
completed  and  the  grades  sustained  in  each;  and  said  certificate  shall 
in  like  manner  entitle  the  holder  thereof  to  teach  the  branches  there- 
in named  for  a  period  of  two  years  from  date,  unless  sooner  revoked 
by  said  board,  or  county  school  commissioner,  or  state  superintendent 
of  schools,  for  one  or  more  of  the  causes  above  specified;  and  the  pro- 
visions of  this  section  shall  apply  to  the  normal  department  of  the 
university  of  Missouri  and  to  Lincoln  institute.  The  secretary  of  each 
board  shall  annually,  in  the  month  of  June,  transmit  to  the  state 
superintendent  the  names  of  those  receiving  such  diploma  or  certifi- 
cate, with  residence  and  date  of  issue,  and  the  state  superintendent 
shall  annually,  in  the  month  of  August,  forward  to  each  county  com- 
missioner a  printed  list  of  persons  holding  state  certificates  now  in 
force,  and  those  authorized  to  teach  under  the  provisions  of  this  sec- 
tion, giving  name,  residence,  date  of  qualification,  and  by  whom  con- 
ferred, and  the  date  each  normal  certificate  expires;  and  the  holder 
of  such  state  certificate,  normal  diploma  or  normal  certificate  shall, 
before  commencing  to  teach  a  public  school  in  any  county  in  this  state, 
notify  the  county  commissioner  thereof  of  such  fact,  give  date  of 
qualification,  and  by  whom  conferred.  (R.  S.  1889,  §  8128.) 

TEXT-BOOK  LAW. 

SEC.  9979.  No  books  to  be  sold  or  used  except  those 
contracted  for.— From  and  after  the  first  day  of  September,  1897, 
and  until  otherwise  provided  by  law,  no  text-books  except  those  con- 
tracted for  by  said  commission  shall  be  sold  for  use  in  the  public 
schools  of  Missouri;  and  from  and  after  the  first  day  of  September. 
1898,  and  until  otherwise  provided  by  law,  no  text-books  except  those 


88 

contracted  for  by  said  commission  shall  be  used  or  taught  in  any  pub- 
lic school  within  this  state.  (Laws  1897,  p.  22.) 

SEC.  9980.  Directors  permitting  use  of  other  books- 
penalty — application  of  article. — Any  school  director  or  board 
of  school  directors  of  any  school  district  within  this  state,  who  shall 
sanction  or  permit  any  other  text-book  or  books  in  the  same  branches 
and  of  the  same  grade  as  those  hereinbefore  provided  for  to  be  used 
in  any  public  schools  of  such  district,  after  the  date  hereinbefore  spe- 
cified in  section  9979,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense:  Provided,,  that  nothing  in  this 
article  shall  be  so  construed  as  to  prohibit  any  board  of  school  di- 
rectors, superintendent  or  teacher  from  using  readers  or  works  in  lit- 
erature for  supplementary  reading  when  the  same  can  be  furnished 
by  the  board  or  any  other  person,  without  expense  to  the  pupils  of 
such  school;  and  provided  further,  that  such  supplementary  reading 
shall  not  displace  or  take  the  place  of  ?.ny  reader  adopted  by  said 
text-book  commission;  and  provided  further,  the  board  of  directors  of 
each  school  district  in  this  state  shall  have  power  to  purchase  at  the 
expense  of  the  district,  and  pay  for  the  same  out  of  the  contingent 
fund,  a  sufficient  number  of  books  used  to  supply  children  whose  par- 
ents are  unable  to  buy  them :  Provided,  that  none  of  the  provisions  of 
this  article  shall  apply  to  cities  having  a  population  of  fifty  thousand 
or  over.  (Laws  1897,  p.  22.) 

SEC.  9981.  Copies  of  this  article  and  lists  of  books,  etc., 
to  be  distributed. — In  carrying  out  the  provisions  of  this  article,  it 
shall  be  the  duty  of  the  president  of  the  commission  to  arrange,  in 
convenient  form,  copies  of  instructions,  containing  a  copy  of  this  law 
and  a  complete  list  of  all  text-books  contracted  for  as  aforesaid,  giving 
the  contract  price,  the  retail  price  and  the  mailing  price  of  each 
book,  and  the  conditions  of  exchange,  if  any,  with  the  address  of  the 
publisher  and  instructions  for  procuring  same  and  any  blank  form 
hereinafter  provided  for,  in  sufficient  numbers,  and  shall  distribute  the 
same  to  the  county  school  commissioners  of  the  various  counties  of 
the  state,  and  the  said  county  school  commissioners  are  hereby  re- 
quired to  distribute  at  least  two  copies  of  the  same  to  the  clerk  of 
each  school  district  in  his  county;  said  clerk  shall  file  one  copy  with 
the  teacher  of  the  school  for  his  use.  (Laws  1897,  p.  22.) 


TEXT-BOOKS  CONTRACTED  FOR 

BY  THE 

Missouri  School-Book  Commission  for  a  period  of  five  years  from  September 
1,  1897,  and  until  otherwise  provided  by  law. 

ELEMENTARY  OR  "COMMON-SCHOOL"  BOOKS. 


rf 

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35 

38 

New  Franklin  5th  Reader,  full  cloth  .  '.  .  . 

39% 

45 

50 

New    Franklin    Primer   and   1st  Reader 
combined    full  cloth 

\ 

15 

17 

18 

New  Franklin  '2nd  Render    full  doth  .   . 

* 

.>.) 

.•-!."> 

27 

New  Franklin  3rd  Reader    full  cloth 

26l/i 

BO 

32 

New  Franklin  4th  Reader,  full  cloth  

33  '^ 

38 

40 

New  Franklin  5th  Reader,  full  doth... 

3'J'<H 

45 

50 

90 


ELEMENTARY   OR    "COMMON-SCHOOL"    BOOKS— Continued. 


Q 

W 

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^   K 

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Author  and  name. 

Publisher. 

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§M* 

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O  gs 

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CC  89 

:  o 

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• 

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PRIMER. 

Taylor's  Primer,  boards  and  cloth  

W.  Sch.  Bk.Co  

$    23 

$    26 

30 

$    18 

SPELLER. 

Sever's  Progressive  Speller,  cloth  
Sever's  Progressive  Speller,  board  

D.O.  H.  &Co  

17 
13 

19 
16 

28 
23 

10 

08 

HIGH-SCHOOL  BOOKS. 


AGRICULTURE  AND  HORTICULTURE. 

Bailey's  Plant  Breedin0"  .  .  . 

MacMillan  Co 

$67 

$    77 

$77 

Sfift 

Bailey's  Nursey  Book 

67 

77 

77 

King's  "The  Soil"  

f( 

50 

58 

f^Q 

4^ 

Bailey's  Fruit  Growing 

,  4 

84 

Q7 

07 

ALGEBRA. 

Milne's  Elements,  cloth  
Milne's  High  School,  cloth  

A.  B.  Co  

45 
75 

51 

86 

60 
1  00 

30 
40 

ARITHMETIC,  HIGHER. 

Walsh's  Higher  Arithmetic  

D.  C.  H.  &Co  

52 

59 

66 

46 

ASTRONOMY. 

Howe's   Elements    of    Descriptive    As- 
tronomy   

S.  B.  &  Co  

1  00 

1  15 

1  25 

60 

BIOLOGY. 

Boyer's  Elementary  Biology  

D.  C.  H.  &Co  

65 

75 

80 

50 

BOOK-KEEPING. 

Tablet  Method  of  Book-keeping. 

Ellis  Pub.  Co  

1  10 

1  27 

2  17 

65 

BOTANY. 

Bergen'  s  Elements  of  Botany  

Ginn  &  Co 

88 

1  01 

1  10 

60 

CHEMISTRY. 

Shepard's  Elements  of  Chemistry  

D.  C   H.  &  Co  

90 

1  03 

1  05 

68 

DICTIONARIES. 

Webster's  Primary  Dictionary  
Webster's  Common  School  

A.  B.  Co  

39 

58 

44 
66 

48 

72 



Webster's  Hi°-h  School 

f  ( 

79 

90 

98 

ELOCUTION. 

Smith's  Reading  and  Speaking  

D.C.H.&Co  

63 

69 

80 



ENGLISH  CLASSICS. 

Academic  Series  

Allyn  &  Bacon 

Eclectic  English  Classics 

Classics 

Ginn  &  Co 

English  Classics    

Harper  Bros  

Riverside  Literature  Series  

Houghton    Mifflin  &  Co 

Fn^lish  Classics 

Leach  Shewell  &  Sanborn 

English  Classic  Series 

Maynard    Merrill  &  Co 

Classics  

Silver   Burdette  &  Co    

FRENCH. 

Chardenal's  Complete  Course  

Allyn  &  Bacon    

87 

1  00 

1  00 

60 

GEOLOGY. 

Leconte's  Compend  of  Geology  

A.B.  Co  

90 

1  03 

1  20 

55 

91 


HIGH-SCHOOL   BOOKS— Continued. 


Author  and  name. 

Publisher. 

Contract 
price  — 

t% 

z$ 

o  c; 

at 

?? 

•  w 

i! 

§5 

if 

GEOMETRY. 

Phillips  &  Fisher's  Plane 

Harper  Bros                    .... 

S    64 

1    67 

$    73 

$    50 

Phillips  &  Fisher's  Elements  Abridged 

98 

1  05 

1  15 

50 

GERMAN. 

Joynes-Meissner's  Grammar  

D.  C.  H.  &Oo  

91 
73 

1  02 

84 

1  05 

90 

67 
54 

Harris*  German  Lessons  

a 

47 

54 

57 

36 

Becktold  .                    .  . 

40 

46 

50 

20 

GOVERNMENT,    AMERICAN. 

Hinsdale's  American  Government  

GRAMMAR,  COMPOSITION  &  RHETORIC. 

Patrick's  Higher  English 

W.  Sch.  Bk.  Co  
Becktold 

80 
35 

92 
40 

1  00 
45 

50 
15 

Southworth  &  Goddard's   Elements   of 

L   S  &  S 

39% 

45 

60 

36 

William's  Rhetoric  

D    O    H   &  Co  

68 

78 

82 

40 

Hill's  Foundations  of  Rhetoric 

Harper  Bros 

80 

85 

95 

43 

Buehler's  Practical  Exercises  in  Eng  — 

GREEK, 

White's  First  Greek  Book  

Ginn  &  Co  

40 
1  00 

4:> 
1  15 

46 
1  25 

22 

75 

Harper  &  Castle's  Prose  Comp  
Goodwin's  Greek  Grammar  

A.  B.Co  
Ginn  &  Co  

57 
1  20 

65 
1  38 

75 
1  50 

35 
1  00 

Harper  &  Wallace's  Anabasis  

HISTORY. 

Myers'  Ancient   

A.  B.  Co  

Ginn  &  Co 

1  13 
1  13 

1  29 
1  29 

1  50 
1  50 

70 
90 

Myers'  Medieval  &  Modern  

1  13 

1  29 

1  50 

90 

Myers'  General 

4  ( 

1  13 

1  29 

1  50 

90 

Green's  Short  Hist   of  Eng    Peo  

Harper  Bros  

96 

1  05 

1  15 

53 

Fiske's  American  

LATIN. 

Collar  &  Daniell's  1st  Latin  Book  

H.  M.  &Oo  
Ginn  &  Co 

79 
75 

90 
86 

95 
1  00 

60 
50 

Churchill  &  Sanford's  Viri  Romae  . 
Rolfe's  Nepos        .... 

S.  F.  &Co  
Allyn  &  B 

57 

82 

65 
94 

67 
94 

35 
45 

Bennett's  Latin  Grammar  

6(5 

75 

75 

30 

Allen  &  Greenough's  Grammar  .  .  . 

Ginn  &  Co 

90 

1  03 

1  20 

52 

Harper  &  Tolman's  Csesar 

A   B    Co 

90 

1  03 

1  20 

60 

Lowe  &  Ewing's  Caesar  
Kelsey's  Cicero 

S.F.&Co  
Allyn  &  B 

94 
1  00 

1  08 
1  15 

1  11 
1  15 

60 
65 

Comstock's  Vergil  

1  05 

1  20 

1  20 

70 

Arnold's  Prose  Oomp  
Moulton  &  Collar's  Prose  Comp  

A.  B.  Co  

Ginn  &  Co 

75 

60 

86 
69 

1  00 
80 

45 
30 

LITERATURE. 

Matthew's  Introduction  to  Am.  Lit  
Hawthorne  &  Lemon's  American  Lit  — 
Painter's  English  Literature  

MUSIC. 

Normal  1st  Reader  
Normal  2nd  Reader  

A.  B.  Co  
D.  C.  H.  &Co  
L.S.  &S  

S.  B.  &Co  

75 
85 
96& 

243-10 
45  1-5 

86 
98 
1  10 

28 
52 

1  00 
1  10 
1  25 

32 
60 

60 
<)5 
75" 

18 
26 

Cecilian  Series  Study  and  Song,  Book  III 

45  2-5 

52 

60 

26 

Cecilian  Series  Study  and  Song  Book  IV 

54 

61 

72 

30 

Songs  of  the  Nation  —  Johnson  

48 

55 

60 

27 

First  Series  Charts  

7  40 

8  50 

Second  Series  Charts  . 

7  40 

8  50 

MYTHOLOGY. 

Guerber's  Myths  of  Greece  and  Rome.. 

PHYSICAL  GEOGRAPHY. 

Tarr's  Elementary  Physical  Geog  

A.  B.Co  
MacMillan  Co  

1  16 
1  10 

1  33 

1  25 

1  50 
1  25 

90 

Tarr's  1st  Book,  Mo.  Edition.  .  . 

76 

87 

S7 

55 

HIG/H-SCH6OL   BOOKS— Continued; 


Author  and  name. 

Publisher. 

Contract 
price  — 

W 

"    (t 

If 

1  Exchange 
price.... 

PHYSIOLOGY. 

Stowell's  Essentials  of  Health  

S   B   &  Co  .  .  .              .     ... 

$    61 

$     70 

$    75 

$    35 

PHYSICS. 

Gage's  Intro   to  Physical  Science 

Ginn  &  Co 

75 

86 

1  00 

50 

POLITICAL  ECONOMY. 

Walker's  First  Lessons  

H  Holt  &  Co  

80 

92 

1  10 

70 

TRIGONOMETRY. 

Wentworth's  without  tables  .  . 

Ginn  &  Co 

68 

78 

85 

51 

Wentworth's  with  tables  

96 

1  10 

1  20 

72 

ZOOLOGY. 

Col  ton's  Zoology  

D   C    H    &  Co                  

65 

74 

77 

48 

NAMES  AND  ADDRESSES  OF  PUBLISHERS. 


Allyn  &  Bacon,  Chicago,   111. 
American   Book   Co.,    Chicago,   111. 
Becktold  Printing  and  Book  Mfg.  Co.,  St. 

Louis,  Mo. 

Educational  Publishing  Co.,  Chicago,   111. 
Ellis  Publishing  Co.,  Battle  Creek,  Mich. 
Ginn  &  Co.,  Chicago,  111. 
Harper  &  Bros.,  Chicago,  111. 
Heath,  D.  C.  &  Co.,  Chicago,  111. 
Holt,  Henry  &  Co.,  Chicago,  111. 
Houghton,  Mifflin  &  Co.,  Chicago,  111. 
Leach,  Shewell  &  Sanborn,  Chicago,  111. 


Lippincott,  J.  B.  &  Co.,  Philadelphia,  Pa. 
Maynard,  Merrill  &  Co.,  New  York  City. 
Tribune  Printing  Co.,  Jeffrson  City,  Mo. 
Scott,  Foresman  &  Co.,  Chicago,  111. 
Sheldon  &  Co.,  Chicago,  111. 
Silver,  Burdett  &  Co.,  Chicago,  111. 
St.  Louis  Book  Co.,  St.  Louis,  Mo. 
The  MacMillan  Company,  New  York  City. 
Werner  School  Book  Co.,  Chicago,  111. 
White,  J.  M..  Columbia,  Mo. 
Woodward-Tiernan  Printing  Company,  St. 
Louis,  Mo. 


FORMS. 


PETITION  FOR  CHANGE  OF  BOUNDARY. 

(Section  971,2.) 
To  district    clerk: 

We,  the  undersigned,  qualified  voters  (ten  or  more)   of  district  No.  — ,   township 

No.  — ,   range,   No.  — ,  county  of  ,   State  of  Missouri,  desire  the  following  changes 

in  district  boundary  lines: 


and  hereby  petition  you  "to  post  a  notice  of  such  desired  change  in  at  least  five 
public  places  in  each  district  interested,  fifteen  days  prior  to  the  time  of  the  annual 
meeting." 

(Signed  by  ten  or  more  qualified  voters  residing  in  any  territory  affected  by  the 
proposed   change.) 


NOTICE  OF  ANNUAL  SCHOOL  MEETING. 
(Section  97^9.) 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  — ,  township  No.  — , 
range  No.  — ,   county  of  ,   State  of  Missouri,   that  the  annual  school  meeting  of 


93 

said  district  will  be  held  at ,  on  Tuesday,  the  —  —  day  of  April,  190—,  commenc- 
ing at  2  o'clock  p.  m.,  and  among  other  things  specified  by  the  law,  the  following  will 
be  proposed  and  considered. 


-,  District  Clerk. 


APPOINTMENT   OF   DIRECTOR    BY    SCHOOL   DIRECTORS. 
(Section  9762.) 

We,  the  undersigned,  directors  of  district  No.  — ,  township  No.  — ,  range  No.  — , 
of  —    —  county,  Missouri,  do  hereby  appoint  —  —  to  fill  the  vacancy  in  the  office 

of  director  of  said  district,   caused  by  the  (death,  resignation,  removal  or  refusal  to 
act,  naming  the  cause)   of  . 


Directors. 


TEACHER'S  CONTRACT. 
(Section  9766.) 

This  agreement,  made  the day  of ,  190—,  between ,  a  legally  qualified 

public  school  teacher,  of  the  first  part,  and  the  school  board  of  district  No.  — ,  town- 
ship No.  — ,  range  No.  — ,  county  of ,  and  State  of  Missouri,  of  the  second  part. 

Witnesseth:    That  the  said  —    —  agrees  to  teach  the  public  school  of  said  district 

for  the  term  of  months,   commencing  on  the  day  of  • ,   190—,   for  the 

sum  of  —     —  dollars  per  month,   to  be  paid  monthly,  and  that  for  services  properly 
rendered  and  reports  correctly  made  according  to  law,   said  board  agrees  to  issue  a 

warrant  upon  the treasurer,  in  favor  of  the  said  ,  for  the  amount  of  wages 

due  under  this  agreement. 

Done  by  order  of  the  board,  this  day  of  ,  190—. 

Teacher.    President. 

Attest: District  Clerk. 


PETITION  FOR  CALL  OF  SPECIAL  MEETING. 
(Section  9780.) 

We,  the  undersigned,  a  majority  of  the  qualified  voters  residing  in  school  district 

NC.  _t  township  No.  — ,  range  No.  — ,  county  of ,  State  of  Missouri,  desire  that  a 

special  meeting  of  the  qualified  voters  of  said  district  be  called  for  the  purpose  of 


NOTICE  OF  SPECIAL  SCHOOL  MEETING. 
(Section  9780.) 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  — ,  township  No.  — , 
range  No.  — ,  county  of  -  — ,  and  State  of  Missouri,  that  in  conformity  with  the 
petition  of  a  majority  of  the  resident  voters  of  said  district,  a  special  school  meeting 

will  be  held  at  ,  in  said  district,  on  the  day  of  ,  190—,  commencing  at 

2  o'clock  p.  m.,  for  the  following  purposes,  viz.: 


Done  by  order  of  the  Board,  this  day  of  ,  190—. 

— ,   District  Clerk. 

NOTE— The  above  notice  should  state  distinctly  the  purpose  for  which  the  meet- 
ing is  called,  and  should  be  posted  fifteen  days  before  the  day  set  for  the  meeting. 


PROVISIONS  OF    THE   CONSTITU 
TION  OF  MISSOURI. 


TAXATION. 


ARTICLE  X. 

SEC.  11.  Taxes  for  county,  city,  town  and  school  purposes,  may 
be  levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation  of 
property  therefor  shall  not  exceed  the  valuation  of  the  same  property 
in  such  town,  city  or  school  district  for  state  and  county  purposes. 
For  county  purposes  the  annual  rate  on  property,  in  counties  having 
six  million  dollars  or  less,  shall  not,  in  the  aggregate,  exceed  fifty  cents 
on  the  hundred  dollars  valuation;  in  counties  having  six  million  dol- 
lars and  under  ten  million  dollars,  said  rate  shall  not  exceed  forty 
cents  on  the  hundred  dollars  valuation;  in  counties  having  ten  million 
dollars  and  under  thirty  million  dollars,  said  rate  shall  not  exceed  fifty 
cents  on  the  hundred  dollars  valuation;  and  in  counties  having  thirty 
million  dollars  or  more,  said  rate  shall  not  exceed  thirty-five  cents  on 
the  hundred  dollars  valuation.  For  city  and  town  purposes  the  an- 
nual rate  on  property  in  cities  and  towns  having  thirty  thousand 
inhabitants  or  more  shall  not,  in  the  aggregate,  exceed  one  hundred 
cents  on  the  hundred  dollars  valuation;  in  cities  and  towns  having 
less  than  thirty  thousand  and  over  ten  thousand  inhabitants,  said  rate 
shall  not  exceed  sixty  cents  on  the  hundred  dollars  valuation;  in  cities 
and  towns  having  less  than  ten  thousand  and  more  than  one  thousand 
inhabitants,  said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dol- 
lars valuation;  and  in  towns  having  one  thousand  inhabitants  or  less, 
said  rate  shall  not  exceed  twenty-five  cents  on  the  hundred  dollars 
valuation.  For  school  purposes  in  districts,  the  annual  rate  on  prop- 
erty shall  not  exceed  forty  cents  on  the  one  hundred  dollars  valuation : 
Provided,  the  aforesaid  annual  rates  for  school  purposes  may  be  in- 
creased in  districts  formed  of  cities  and  towns,  to  an  amount  not  to 
exceed  one  dollar  on  the  hundred  dollars  valuation,  and  in  other  dis- 
tricts to  any  amount  not  to  exceed  sixty-five  cents  on  the  hundred  dol- 
lars valuation,  on  the  condition  that  a  majority  of  the  voters  who  are 
tax-payers,  voting  at  an  election  held  to  decide  the  question,  vote  for 
said  increase.  For  the  purpose  of  erecting  public  buildings  in  coun- 


93 

ties,  cities  or  school  districts,  the  rates  of  taxation  herein  limited  may 
be  increased  when  the  rate  of  such  increase  and  the  purpose  for  which 
it  is  intended  shall  have  been  submitted  to  a  vote  of  the  people,  and 
twoHhirds  of  the  qualified  voters  of  such  county,  city  or  school  dis- 
trict voting  at  such  election,  shall  vote  therefor.  The  rate  herein 
allowed  to  each  county  shall  be  ascertained  by  the  amount  of  taxable 
property  therein,  according  to  the  last  assessment  for  state  and  county 
purposes,  and  the  rate  allowed  to  each  city  or  town  by  the  number  of 
inhabitants,  according  to  the  last  census  taken  under  the  authority  of 
the  state,  or  the  United  States;  said  restrictions  as  to  the  rates  shall 
apply  to  taxes  of  every  kind  and  description,  whether  general  or 
special,  except  taxes  to  pay  valid  indebtedness  now  existing  or  bonds 
which  may  be  issued  in  renewal  of  such  indebtedness. 

SEC.  12.  No  county,  city,  town,  township,  school  district  or  other 
political  corporation  or  subdivision  of  the  state  shall  be  allowed  to  be- 
come indebted  in  any  manner,  or  for  any  purpose,  to  an  amount  exceed- 
ing in  any  year  the  income  and  revenue  provided  for  such  year,  with- 
out the  assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  elec- 
tion to  be  held  for  that  purpose;  nor  in  cases  requiring  such  assent 
shall  any  indebtedness  be  allowed  to  be  incurred  to  an  amount,  includ- 
ing existing  indebtedness,  in  the  aggregate  exceeding  five  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
assessment  next  before  the  last  assessment  for  state  and  eounty  pur- 
poses, previous  to  the  incurring  of  such  indebtedness:  Provided,  that 
with  such  assent  any  county  may  be  allowed  to  become  indebted  to  a 
larger  amount  for  the  erection  of  a  court-house  or  jail;  and  provided 
further,  that  any  county,  city,  town,  township,  school  district,  or  other 
political  corporation  or  subdivision  of  the  state,  incurring  any  in- 
debtedness requiring  the  assent  of  the  voters  aforesaid,  shall,  before 
or  at  the  time  of  doing  so,  provide  for  the  collection  of  an  annual  tax 
sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and 
also  to  constitute  a  sinking  fund  for  payment  of  the  principal  thereof, 
within  twenty  years  from  the  time  of  contracting  the  same. 


EDUCATION. 


ARTICLE  XI. 

SECTION  1.  A  general  diffusion  of  knowledge  and  intelligence 
being  essential  to  the  preservation  of  the  rights  and  liberties  of  the 
people,  the  general  assembly  shall  establish  and  maintain  free  public 


96 

schools  for  the  gratuitous  instruction  of  all  persons  in  this  state  be- 
tween the  ages  of  six  and  twenty  years. 

SEC.  2.  The  income  of  all  the  funds  provided  by  the  state  for 
the  support  of  free  public  schools  shall  be  paid  annually  to  the  several 
county  treasurers,  to  be  distributed  according  to  law;  but  no  school 
district  in  which  a  free  public  school  has  not  been  maintained  at  least 
three  months  during  the  year  for  which  the  distribution  is  made  shall 
be  entitled  to  receive  any  portion  of  such  funds. 

SEC.  3.  Separate  free  public  schools  shall  be  established  for  the 
education  of  children  of  African  descent. 

SEC.  4.  The  supervision  of  instruction  in  the  public  schools  shall 
be  vested  in  a  "board  of  education,"  whose  powers  and  duties  shall  be 
prescribed  by  law.  The  superintendent  of  public  schools  shall  be 
president  of  the  board;  the  governor,  secretary  of  state  and  attorney- 
general  shall  be  ex  officio  members,  and,  with  the  superintendent,  com- 
pose said  board  of  education. 

SEC,  5.  The  general  assembly  shall,  whenever  the  public  school 
fund  will  permit,  and  the  actual  necessity  of  the  same  may  require,  aid 
and  maintain  the  state  university  now  established,  with  its  present 
departments.  The  government  of  the  state  university  shall  be  vested 
in  the  board  of  curators,  to  consist  of  nine  members,  to  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate. 

SEC.  6.  The  proceeds  of  all  lands  that  have  been  or  hereafter 
may  be  granted  by  the  United  States  to  this  state,  and  not  otherwise 
appropriated  by  this  state  or  the  United  States;  also,  all  moneys, 
stocks,  bonds,  lands  and  other  property  now  belonging  to  any  state 
fund  for  purposes  of  education;  also,  the  net  proceeds  of  all  sales  of 
lands  and  other  property  and  effects  that  may  accrue  to  the  state  by 
escheats,  from  unclaimed  dividends  and  distributive  shares  of  the  es- 
tates of  deceased  persons;  also,  any  proceeds  of  the  sales  of  the  public 
lands  which  may  have  been  or  hereafter  may  be  paid  over  to  this  state 
(if  congress  will  consent  to  such  appropriation) ;  also,  all  other  grants, 
gifts  or  devises  that  have  been  or  hereafter  may  be  made  to  this 
state,  and  not  otherwise  appropriated  by  the  state  or  the  terms  of  the 
grant,  gift  or  devise,  shall  be  paid  into  the  state  treasury,  and  securely 
invested  and  sacredly  preserved  as  a  public  school  fund;  the  annual 
income  of  which  fund,  together  with  so  much  of  the  ordinary  revenue 
of  the  state  as  may  be  by  law  set  apart  for  that  purpose,  shall  be  faith- 
fully appropriated  for  establishing  and  maintaining  the  free  public 
schools  and  the  state  university  in  this  article  provided  for,  and  for 
no  other  uses  or  purposes  whatever, 


97 

SKC.  7.  In  case  the  public  school  fund  now  provided  and  set 
a  par!  by  law  for  the  support  of  free  public  schools  shall  be  insufficient 
to  sustain  a  free  school  at  least  four  months  in  every  year  in  each 
school  district  in  this  state,  the  general  assembly  may  provide  for  such 
deficiency  in  accordance  with  section  eleven  of  the  article  on  revenue 
and  taxation,  but  in  no  case  shall  there  be  set  apart  less  than  twenty- 
five  per  cent,  of  the  state  revenue  exclusive  of  the  interest  and  sink- 
ing fund,  to  be  applied  annually  to  the  support  of  the  public  schools. 

SEC.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property 
belonging  to  a  county  school  fund;  also,  the  net  proceeds  from  the 
sale  of  estrays;  also,  the  clear  proceeds  of  all  penalties  and  forfeit- 
ures, and  of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  or  military  laws  of  the  state,  and  all  moneys  which  shall 
1  c  paid  by  persons  as  an  equivalent  for  exemption  from  military  duty, 
shall  belong  to  and  be  securely  invested  and  sacredly  preserved  in  the 
several  counties  as  a  county  public  school  fund;  the  income  of  which 
fund  shall  be  faithfully  appropriated  for  establishing  and  maintaining 
free  public  schools  in  the  several  counties  in  this  state. 

SEC.  9.  No  part  of  the  public  school  fund  of 'the  state  shall  ever 
be  invested  in  the  stock  or  bonds  or  other  obligations  of  any  other 
state,  or  of  any  county,  city,  town  or  corporation;  and  the  proceeds 
of  the  sales  of  any  lands  or  other  property  which  now  belongs  or  may 
hereafter  belong  to  said  school  fund,  shall  be  invested  in  the  bonds  of 
the  state  of  Missouri  or  of  the  United  States. 

SEC.  10.  All  county  school  funds  shall  be  loaned  only  upon 
unencumbered  real  estate  security  of  double  the  value  of  the  loan, 
with  personal  security  in  addition  thereto. 

SEC.  11.  Neither  the  general  assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  municipal  corporation  shall 
ever  make  an  appropriation,  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  religious  creed,  church  or  sectarian  purpose, 
or  to  help  to  support  or  sustain  any  private  or  public  school,  academy, 
seminary,  college,  university  or  other  institution  of  learning,  con- 
trolled by  any  religious  creed,  church  or  sectarian  denomination  what- 
ever; nor  shall  any  grant  or  donation  of  personal  property  or  real 
estate  ever  be  made  by  the  state,  or  any  county,  city,  town  or  other 
municipal  corporation,  for  any  religious  creed,  church  or  sectarian 
purpose  whatever. 


8-7 


98 


IMPORTANT    SECTIONS  BEARING  OX  SCHOOL  LAW. 


(Laws  of  1899.) 

SEC.  1922.  Claims  corruptly  allowed  by  county  courts 
and  other  officers. — Any  member  of  the  county  court,  common 
council  or  board  of  trustees,  or  officer  or  agent  of  any  county,  city, 
town,  village,  school  township,  school  district  or  other  municipal  cor- 
poration, who  shall,  in  his  official  capacity,  willfully  or  corruptly  Tote 
for,  assent  to  or  report  in  favor  of,  or  allow  or  certify  for  allowance, 
any  claim  or  demand,  or  any  part  thereof,  against  the  county,  city. 
town,  village,  school  township,  school  district  or  other  municipal  cor- 
poration, of  which  he  is  such  officer  or  agent,  or  against  the  county 
court,  common  council  or  board  of  trustees  of  which  he  is  a  member 
— such  claim  or  demand,  or  part  thereof,  being  for  or  on  account  of  any 
contract  or  demand  or  service  not  authorized  or  made  as  provided  or 
required  by  law — every  such  person  so  offending  shall,  on  conviction, 
be  punished  by  imprisonment  in  the  penitentiary  not  more  than  five 
years,  or  by  a  line  of  not  less  than  one  hundred  nor  more  than  five  thou- 
sand dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  two 
nor  more  that  twelve  months,  or  by  both  such  fine  and  imprisonment. 
<R.  S.  1879,  §  133Q.) 

SEC.  1974.  Injury  of  school-houses  and  church  build- 
ings.— Every  person  who  shall  injure,  deface  or  destroy  any  building 
used  as  a  school  house,  or  any  church  building  or  other  building  used 
for  such  purposes  or  for  other  religious  or  educational  purpose,  or 
any  furniture,  fixtures  or  apparatus  thereto  belonging,  or  who  shall 
deface,  mar  or  disfigure  any  such  building,  or  any  part  thereof,  or  the 
fixtures  therein,  by  writing,  painting,  cutting  or  pasting  thereon  any 
likeness,  figures,  words  or  device,  or  who  shall  commit  any  trespass 
upon  the  land  connected  with  said  school-house  and  used  for  school 
or  educational  purposes,  by  removing  therefrom  the  water,  contained 
in  any  well  cistern  or  reservoir,  in  which  water  is  gathered  or  kept 
for  the  supply  of  said  school-house  or  those  attending  the  same,  and 
without  the  permission  in  writing  of  the  person  or  persons  having  the 
legal  control  of  said  school-house  and  land,  or  who  shall  in  any  man- 
ner pollute  the  water  contained  in  any  well,  cistern  or  reservoir,  shall 
be  deemed  guilty  of  a  misdemeanor.  (R.  S.  1879,  §  1367,  amended; 
Laws  of  1887,  p.  1«4. 

SEC.  2160.    Disturbing  religious  assemblies.— Every  per- 
son who  shall  willfully,  maliciously  or  contemptuously  disquiet  or 


99 

disturb  any  camp  meeting,  congregation  or  other  assembly  met  for  re- 
ligious worship,  or  when  meeting  at  the  place  of  worship,  or  dispers- 
ing therefrom,  or  any  school  or  other  meeting  or  assembly  of  people 
met  together  for  imy  lawful  purpose  whatever,  by  making  a  noise,  or 
by  rude  or  indecent  behavior  or  profane  discourse  within  the  place  of 
assembly,  or  so  near  the  same  as  to  interrupt  or  disturb  the  order  or 
solemnity  thereof,  or  who  shall  willfully  menace,  threaten  or  assault 
any  person  there  being,  shall  be  deemed  guilty  of  a  misdemeanor.  (R. 
S.  1879,  §  1528.) 

SEC.  5157.  Bonded  debt  of  counties,  cities,  etc.,  may  be 
funded. — The  various  counties  in  this  state,  for  themselves,  as  well 
as  in  behalf  of  any  township  or  parts  of  townships  for  which  said  coun- 
ties may  have  heretofore  issued  any  bonds,  and  the  several  cities,  vil- 
lages, incorporated  towns  and  school  districts,  are  hereby  authorized 
by  their  respective  county  courts,  and  the  said  cities,  villages,  and  in- 
corporated towns  by  their  authorities,  and  the  said  school  districts 
by  their  respective  school  boards,  to  fund  any  part  or  all  of  their  ex- 
isting bonded  indebtedness,  including  any  judgments,  bonds,  or  cou- 
pons, at  a  lower  rate  of  interest,  and  for  that  purpose  may  issue,  nego- 
tiate, sell  and  deliver  renewal  or  funding  bonds,  and  with  the  proceeds 
thereof,  pay  off,  redeem  and  cancel  old  bonds,  as  the  same  are  called 
for  redemption:  Provided,  that  such  funding  bonds  shall  not  be  sold 
for  less  than  the  par  value  thereof  and  that  in  no  case  shall  the 
amount  of  the  debt  of  any  such  county  or  township  or  parts  of  town- 
ships, or  city,  village,  incorporated  town  or  school  district  nor  the 
rate  of  interest  on  such  debt  be  increased  or  enlarged  under  the  pro- 
visions of  this  chapter;  and  provided  also,  that  no  funding  bonds  is- 
sued under  this  chapter  shall  be  payable  in  less  than  five  nor  more 
than  thirty  years  from  the  date  thereof,  and  that  such  funding  bond 
shall  be  of  the  denomination  of  not  more  than  one  thousand  dollars 
nor  less  than  one  hundred  dollars,  and  shall  bear  interest  not  to  ex- 
ceed five  per  cent,  per  annum,  payable  annually  or  semi-annually,  and 
to  this  end  each  bond  shall  have  annexed  interest  coupons,  and  the 
funding  bonds  and  coupons  shall  be  made  payable  to  bearer:  Provided, 
that  nothing  in  this  act  shall  be  so  construed  as  prohibiting  any 
county,  city,  township  or  school  district  having  a  bonded  debt  from  re- 
funding such  debt  without  the  submission  of  the  question  to  a  popular 
vote,  whenever  such  refunding  can  be  done  at  a  lower  rate  of  interest 
than  the  bonds  so  refunded  bore.  (R.  S.  1889,  §  835,  amended,  Laws 
1897,  p.  39,  amended.) 

23  Mo.  483;  33  Mo.  440;  36  Mo.  294;  38  Mo.  450;  41  Mo.  453;  44  Mo.  197,  504;  45  Mo.  458; 
47  Mo.  349;  48  Mo.  167,  390;  50  Mo.  338,  600;  51  Mo.  479,  522;  54  Mo.  58;  56  Mo.  126;  62  Mo. 
188;  67  Mo.  353,  445;  69  Mo.  150,  224;  72  Mo.  329,  496;  85  Mo.  41;  86  Mo.  551;  92  Mo.  511;  93  Mq, 


100 

606;  96  Mo.  29;  101  Mo.  136;  106  Mo.  659:  109  Mo.  248;  112  Mo.  126;  113  Mo.  297;  116  Mo.  129; 
120  Mo.  577;  121  Mo.  614;  123  Mo.  72;  128  Mo.  427;  45  A.  660;  69  A.  660.  Where  vote  held 
necessary.  42  Mo.  171;  45  Mo.  242;  48  Mo.  167,  390;  51  Mo.  350;  67  Mo.  445.  Irregularities. 
33  Mo.  440;  36  Mo.  294;  47  Mo.  349;  48  Mo.  390,  167;  45  A.  660.  When  void.  48  Mo.  167;  56 
Mo.  126;  66  Mo.  498;  67  Mo.  354,  445.  Conflict,  federal  and  state  courts.  72  Mo.  499;  75 
Mo.  246;  77  Mo.  573;  106  Mo.  659.  A  lona  fide  holder  for  value  has  right  to  presume  the 
issue  regular.  51  Mo.  483;  54  Mo.  58;  7  A.  294.  Tender.  107  Mo.  60.  Dealing  with  agent, 
etc.  143  Mo.  13. 

This  section  vests  the  board  of  directors  with  authority  to  refund  the  bonded 
indebtedness  of  the  district  at  a  less  rate  of  interest  at  any  time  after  it,  by  the 
terms  of  the  bonds,  becomes  payable  at  the  option  of  the  board,  and  before  final  ma- 
turity thereof. 

SEC.  6761.  Contractors  with  counties,  cities,  school  dis- 
tricts, etc.,  to  give  bond. — All  counties,  cities,  towns  and  school 
districts  making  contracts  for  public  work  of  any  kind  to  be  done  for 
such  county,  city,  town  or  school  district,  shall  require  every  con- 
tractor to  execute  a  bond  with  good  and  sufficient  securities,  and 
such  bond  among  other  conditions  shall  be  conditioned  for  the  pay- 
ment for  all  material  used  in  such  work,  and  all  labor  performed  on 
such  work,  whether  by  sub-contract  or  otherwise.  (Laws  1895,  p.  240.) 


COURSE  OF  STUDY 


FOR 


RURAL   AND  VILLAGE  SCHOOLS. 


INTRODUCTION. 

This  course  of  study  is  published  for  use  in  the  rural  schools  of  Missouri  with  the  hope 
that  every  teacher  will  study  it  carefully  and  be  helped  thereby.  The  purposes  are: 

1.  To  unify  and  harmonize  the  school  work  in  the  State  by  furnishing  a  standard 
and  a  basis  by  which  more  effective  articulation  of  schools  and  better  results  may 
be  accomplished. 

2.  To  enable  school  boards   and  patrons  to  know  more  definitely   what  is   being 
done  in  their  schools  and  furnish  them  a  means  of  comparison.     This  will  lead  to  a 
better  understanding  of  the  relation  of  teacher  and  patron. 

3.  To   enable   teachers   to   know   when   they   are  doing   really   good   work.     Many 
teachers  who  honestly  believe  they  are  now  teaching  effectively  will  be  undecieved 
when  they  have  a  means  of  comparison. 

4.  To  encourage  pupils  .to  complete  the  common  school  course  and  go  on  to  some 
higher  institution  of  learning  or  better,  to  lead  to  the  establishment  of  many  rural 
high  schools. 

5.  To   lead   to   proper  gradation   and   better   classification   of   the   schools   and   to 
train  pupils  to  observe  and  give  proper  expression  to  their  observations. 

6.  To  provide  a  means  by  which  records  may  be  kept  so  that  a  new  teacher  may, 
at  once,  take  up  the  work  where  the  preceding  teacher  left  off.     This  lack  of  proper 
records  is  a  waste  of  time  and  money  that  school  boards  should  stop  at  once. 

7.  To  help  the  schools  to  accomplish  much  more.    It  is  believed  that  all  the  formal 
subjects  may  be  taught  to  better  advantage  through  a  proper  correlation  of  Nature  and 
Culture  studies,   and  in  addition  thereto  the  children  in  eight  years,   of  six  or  eight 
months  to  the  year,  may  become  familiar  with  all  the  elementary  sciences  and  gain  a 
pretty  thorough  acquaintance  with  our  best  literature;  and  above  all  else,   they  will 
be  trained  to  observe  and  to  appreciate  good  literature. 

With  these  purposes  in  view,  every  teacher  who  uses  this  course  is  requested  to 
make  an  honest,  faithful  effort  to  follow  its  suggestions.  It  should  not,  perhaps,  be 
slavishly  followed;  it  should  rather  be  adapted.  In  its  preparation,  the  aim  has  been 
to  strike  the  golden  mean.  It  will  not  measure  up  to  the  high  conceptions  of  the 
most  progressive  teachers;  still,  many  will  consider  it  too  advanced. 

Friendly  criticism  is  invited  to  the  end  that  at  each  revision  the  course  may  be 

improved. 

Most  respectfully. 

W.  T.   CARRINGTON, 
State  Superintendent  of  Public  Schools. 


102 


ALTERNATION  OF  WORK. 

In  rural  schools  it  is  necessary  to  combine  classes  in  order  to  minimize  the  num- 
ber of  periods  of  recitation.  Alternation  is  the  systematic  and  regular  union  of  two 
grades  of  pupils,  both  grades  doing  the  work  of  one  year  in  one  class,  while  the  other 
year's  work  is  omitted.  The  next  year  the  work  omitted  is  taken  up  and  the  first 
year's  work  dropped.  In  this  way  each  pupil  does  all  the  work  of  the  course,  but  not 
in  the  same  order,  and  the  number  of  classes  is  diminished. 

In  the  first  and  second  years  there  can  not  be  much  alternation.  Classes  in  writ- 
ing, drawing,  and  nature  and  culture  studies  should  be  combined. 

In  the  third  and  fourth  years  all  of  the  work  may  be  alternated,  with  the  possible 
exception  of  arithmetic.  But  all  pupils  who  have  mastered  addition,  subtraction, 
multiplication  and  division  of  integral  numbers,  simple  and  compound,  fractions,  com- 
mon and  decimal,  may  belong  to  the  same  class  in  arithmetic.  It  is  not  necessary  that 
every  pupil  who  begins  to  read  in  the  third  reader  should  begin  with  the  first  lessons 
in  the  reader.  There  should  be  only  one  third  reader  class  which  will  be  composed  of 
pupils  who  have  already  spent  a'  year  reading  in  that  book,  and  of  pupils  who  are 
just  beginning  it.  Every  pupil  should  spend  practically  two  years  in  the  third  reader, 
using  as  much  supplementary  reading  as  possible  during  the  time.  The  language 
lessons  are  so  arranged  that  pupils  may  take  up  the  work  of  the  fourth  year  before 
that  of  the  third.  This  year  all  pupils  in  the  "C"  class  should  study  the  language 
work  of  the  third  year;  next  year  all  pupils  of  the  "C"  class  should  study  the  lan- 
guage work  of  the  fourth  year.  The  writing  and  drawing  of  the  "D"  and  "C"  classes 
may  be  combined. 

In  the  fifth  and  sixth  years  all  subjects  may  be  alternated.  In  some  localities  it 
may  be  found  difficult  to  combine  classes  in  arithmetic;  but  there  should  certainly 
not  be  more  than  three  arithmetic  classes  for  third,  fourth,  fifth  and  sixth  year  pupils. 
If  possible  the  number  should  be  reduced  to  two. 

In  the  seventh  and  eighth  years  there  will  be  no  trouble  whatever  in  making 
alternations  all  along  the  line.  To  illustrate,  there  is  given  below  parallel  courses 
of  study  for  the  seventh  and  eighth  years,  each  year  being  so  arranged  as  to  be 
entirely  independent  of  the  other.  The  "A"  class  should  study  the  seventh  year  work 
in  1899,  and  the  eighth  year  work  in  1900. 

SEVENTH  YEAR.  EIGHTH  YEAR. 

Literature  and  reading.  Literature  and  reading. 

Grammar  (etymology).  Grammar  (syntax  and  analysis). 

Arithmetic  (percentage).  Arithmetic  (mensuration). 

U.  S.  History.  History  and  Civil  Gov.  of  Missouri. 

Physiology.  Practical   Agriculture. 

Rural  schools  may  provide  for  a  two  years'  high  school  course  on  this  principle 
of  alternation,  by  alternating  the  study  of  English  and  American  classics  with  rhet- 
oric; physical  geography  with  zoology;  ancient  history  with  English  history;  and 
elementary  algebra  with  concrete  geometry. 

DIVISION   INTO   QUARTERS. 

Each  year's  work  is  divided  into  quarters  instead  of  months.  A  six  months'  school 
will  have  six  weeks  to  the  quarter;  an  eight  months'  school,  eight  weeks  to  the  quarter; 
and  a  five  months'  school,  five  weeks  to  the  quarter.  The  work  is  outlined  on  the 
theory  that  in  a  six  months'  school  the  work  may  be  done  well;  in  an  eight  months' 
school  it  may  be  done  thoroughly;  in  a  five  months'  school,  with  a  small  attendance, 
the  work  may  be  accomplished  fairly  well.  School  boards  providing  only  four  months' 
school  in  the  year  should  not  expect  the  teacher  to  finish  the  entire  work  laid  out. 

In  many  instances  the  work  may  be  alternated  by  quarters,  as  well  as  by  years. 
Schools  with  short  terms  should  devote  ten  or  twelve  years  to  the  completion  of  the 
course  mapped  out  for  eight  years.  I  should  not  recommend  that  any  school  devote 
less  than  six  weeks  to  the  quarter.  Four  and  five  months'  schools  should  undertake 
to  do  only  one-half  or  three-quarters  of  the  work  during  the  year. 


103 


EXAMINATIONS    AND    WRITTEN    REVIEWS. 

Language  has  two  forms,  oral  and  written.  The  written  form  is  frequently  neg- 
lected, especially  in  rural  schools.  Teachers  should  have  frequent  written  reviews 
and  quarterly  examinations. 

Quarterly  Examinations.— In  view  of  the  fact  that  schools  are  of  unequal  length  and 
that  examinations  should  not  be  too  frequent,  it  is  recommended  that  every  school 
have  written  examinations  on  the  following  Fridays:  October  27,  December  22,  1899, 
and  February  23,  1900.  The  State  Superintendent  will  prepare  questions  for  examina- 
tions on  these  dates  and  furnish  them  to  county  commissioners  and  superintendents 
to  be  distributed  by  them  to  the  teachers.  In  such  counties  where  the  commissioner 
does  not,  or  can  not,  take  hold  of  this  work,  these  questions  will  be  mailed  direct  to 
the  teachers  upon  request. 

Township  Examinations.— It  is  hoped  that  there  is  in  every  township  (municipal  or 
congressional)  an  organization  of  teachers.  At  some  central  point  in  each  township 
there  should  be  held  an  annual  examination  of  all  seventh  and  eighth  grade  pupils 
in  the  schools  of  the  township.  This  examination  should  be  held  by  the  county  com- 
missioner or  by  a  committee  selected  by  the  teachers  of  the  township.  This  examina- 
tion should  be  held  on  some  Saturday  in  March.  The  State  Superintendent  will  prepare 
questions  for  this  examination  also,  and  furnish  them  to  county  commissioners  or  to 
persons  authorized  to  conduct  examinations.  Papers  should  be  graded,  results  tabulated 
and  sent  to  county  commissioner.  All  pupils  who  have  finished  the  entire  common 
school  course  and  pass  this  township  examination  satisfactorily,  should  be  given  writ- 
ten certificates  entitling  them  to  enter  the  county  examinations.  This  should  be  made 
an  occasion  for  comparison  of  work.  In  this  way  teachers  and  directors  may  become 
better  acquainted  and  every  teacher's  ability,  to  get  good  work  done,  may  be  tested. 

County  Examinations. — A  final  county  examination  should  be  held  by  the  county  com- 
.missioner  in  April  or  May  at  the  county  seat,  or  at  some  other  designated  place,  for 
all  pupils  recommended  for  graduation  by  the  township  committees.  In  the  event  that 
the  county  commissioner,  from  any  cause  whatever,  does  not  take  1  old  of  this  work, 
the  State  Superintendent  will  appoint  a  county  examiner,  in  such  <  ounties  as  he  is 
requested  on  condition  that  there  be  twenty  or  more  candidates  for  graduation.  The 
questions  for  these  examinations  will  be  furnished  by  the  State  Superintendent,  to 
the  counties  having  such  examination,  on  either  third  or  fourth  Fridays  and  Saturdays 
in  April.  It  is  not  necessary  that  all  schools  should  close  at  same  time.  Pupils  may 
be  admitted  to  either  township  or  county  examinations  from  schools  that  have  closed 
some  weeks  earlier  or  will  close  some  weeks  later. 

The  State  Superintendent  will  prepare  a  neat  "Certificate  of  Graduation"  from 
the  common  school  course,  signed  by  himself,  the  county  commissioner  or  other  ex- 
aminer, and  the  teacher  certifying  that  the  holder  has  completed  such  course  and  is 
entitled  to  enter  any  high  school  or  academy  in  the  State.  This  means  complete 
articulation  of  schools,  from  lowest  to  highest.  County  Commissioners,  teachers  and 
school  boards  are  earnestly  urged  to  take  hold  of  this  feature  of  the  work. 

DIRECTION  FOR  EXAMINATIONS. 

1.  Teachers  should  see  that  everything  is  in  readiness  for  the  examination  before 
the  day  arrives.     Good  paper,  pens  and  ink  should  be  furnished  by  the  school  board. 
In  the  township  examinations  the  school  at  which  the  examination  is  held  should  fur- 
nish ink,  while  each  pupil  provides  his  own  pens,  pencils,  etc. 

2.  The  examination  should  begin  promptly  in   the  morning  of  the  day  appointed. 
The  questions  may  be  placed  on  the  board,  or  dictated  as  most  convenient. 

3.  The  pupils  should  write  on  both  sides  of  the  paper  when  necessary  to  complete 
a  subject. 

4.  The  answers  should  be  numbered  in  Roman  characters  to  correspond  with  the 
questions.     Place  numbers  in  the  center  of  the  page  above  the  paragraphs. 

5.  Everyone  should  endeavor  to  do  neat  work,   to  use  capitals  and  periods  prop- 
erly, and  to  spell  correctly.     Good  language  is  evidence  of  scholarship. 

6.  These  examinations,  to  be  fair  tests  of  the  progress  of  the  pupils  and  to  be  valu- 


104 

able  to  teachers  and  parents,  must  be  fairly  and  honestly  conducted.  No  aid  what-- 
ever  should  be  given.  No  questions  should  be  answered  and  no  suggestions  made  that 
will  in  any  way  hint  at  information  required  in  the  examination.  Do  not  let  your  tender- 
heartedness, nor  your  desire  for  high  marks  for  your  pupils,  betray  you  into  wronging 
them,  or  their  parents,  by  telling  them  they  know  that  which  they  do  not  know,  and 
raising  them  above  the  plane  to  which  they  really  belong.  Consider  the  moral  effects 
of  such  a  course  on  yourself  and  on  your  pupils.  Do  not  deceieve  by  false  grades. 

7.  The  teacher,  without  marring  the  paper,  will  place  above  each  answer,  near  the 
Roman  character,  its  grade  (on  a  scale  of  100  for  the  entire  paper),  and  at  the  begin- 
ning of  each  paper  write  the  sum  of  these  grades.    Mark  closely,  considering  not  how 
much  information  has  been  given  in  the  answer,  but  whether  it  is  the  exact  informa- 
tion called  f6r.     After  grading,  return  the  monthly  examination  papers  to  the  pupils 
in  class,  and  require  them  to  note  their  own  mistakes.     Permit  no  change.    After  in- 
spection,  papers  should  be  collected  and  a  permanent  record  made  of  the  grades  of 
each  pupil. 

8.  Some  of  the  best  papers  in  the  quarterly  examinations  should  be  taken  to  the 
township  meeting  as  a  means  of  comparison  and  displayed  for  the  benefit  of  other 
teachers,  patrons  and  pupils. 

Some  of  the  best  papers  in  the  township  examinations  should  be  taken  to  the 
county  examinations  and  kept  on  file  in  county  commissioner's  office  for  the  inspection 
of  the  public.  Some  of  the  best  papers  of  the  county  examinations  should  be  for- 
warded to  the  State  Superintendent.  He  will  have  them  bound  in  volumes  of  conveni- 
ent size  and  kept  as  a  part  of  the  permanent  records  of  the  office. 

RECORDS. 

School  boards  should  furnish  books  in  which  satisfactory  records  may  be  kept  and 
see  that  the  teacher  leaves  a  permanent  record  of  the  exact  amount  of  work  done 
by  each  pupil.  This  will  save  so  much  time  for  the  next  teacher  and  show  that  pupils 
who  do  not  attend  regularly  and  for  full  term,  can  not  be  promoted.  The  State  Super- 
intendent is  acquainted  with  several  good  forms  of  records  that  may  be  purchased. 
He  hopes  to  secure  from  the  next  General  Assembly  an  appropriation  to  have  such 
record  books  printed  and  furnished  free  to  every  district.  Uniform  records  will  very 
greatly  assist  in  the  progress  of  the  rural  schools.  The  reverse  side  of  the  term  re- 
ports is  arranged  for  an  individual  report  of  the  pupils,  to  be  left  with  district  clerk 
and  filed  in  duplicate  with  the  county  commissioner. 

SCHOOL,   LIBRARY   AND    SUPPLEMENTARY    READING. 

A  small  school  library  is  necessary  in  order  that  the  work  suggested  in  reading, 
language,  history,  literature  and  nature  and  culture  study  may  be  properly  done. 
Books  are  suggested  along  in  different  parts  of  the  course,  and  in  the  list  appended  to 
this  course  selected  by  a  committee  of  the  best  informed  teachers  in  the  State. 

School  boards  should  expend  a  few  dollars  every  year  for  good  books  and  supple- 
mentary reading  matter;  the  law  authorizes  it.  Annual  meetings  must  vote  for  levy 
for  library,  but  the  directors  may  purchase  necessary  supplementary  books  pamph- 
lets or  magazines,  as  they  do  crayon,  out  of  the  incidental  fund. 

OUTLINED  COURSE  OP  STUDY. 
CLASS  D.     (First  and  Second  Years  ) 

a.  Reading,  Spelling,  Language. 

b.  Numbers. 

c.  Writing  and"  Drawing. 

d.  Nature  and  Culture  lessons  (Science  and  Literature). 

CLASS  C.     (Third  and  Fourth  Years.) 

a.  Reading  and  Spelling. 

b.  Language   (DeGarmo). 

c.  Arithmetic. 

d.  Nature  and  Culture  lessons  (Science  and  Literature). 


105 


CLASS  B.    (Fifth  and  Sixth  Years.) 

a.  Reading-  (Fourth  Reader). 

b.  Spelling. 

c.  Language   (DeGarmo). 

d.  Arithmetic  (Milne's  Standard). 

e.  Nature  and  Culture  lessons  (Science  and  Literature). 

CLASS  A.    (Seventh  and  Eighth  Years.) 

a.  Literature   (Fifth  Reader  and  American  Classics). 

b.  Grammar  (Patrick's  Lessons). 

c.  Arithmetic  (Milne's  Standard). 

d.  U.  S.  History  and  Civil  Government. 

e.  Physiology  and  Practical  Agriculture, 

EXPLANATION— The  subdivisions  in  each  class,  numbered  a,  b,  c,  d,  etc.,  are  the 
separate  recitations  each  class  should  have.  Spelling  and  Language  should  be  combined 
with  reading  in  Class  "D"  and  there  will  be  necessarily  two  divisions,  one  in  the  first 
reader  and  one  in  the  second.  In  this  work  each  subdivision  should  recite  at  least 
four  times  each  day,  from  ten  to  fifteen  minutes  each  time. 

In  Class  "C"  Reading  and  Spelling  are  combined  and  there  will  necessarily  be  in 
this  class  some  pupils  who  have  gone  over  part  of  the  work  before.  Third  and  fourth 
year  pupils  must  be  kept  together  in  this  work  to  prevent  multiplication  of  classes. 
Class  "C"  should  recite  Reading  and  Spelling  at  least  twice  each  day,  for  fifteen  min- 
utes each  time.  The  writing  and  Drawing  work  of  this  class  may  be  combined  with 
the  same  work  of  Class  "D"  and  not  more  than  fifteen  minutes  each  day  devoted  to 
them.  There  should  be  regular  classes  for  the  Nature  and  Culture  work  for  all  three 
of  the  Classes  D,  C,  and  B. 

The  classes  in  History  and  Civil  Government  for  Class  "A"  should  alternate.  One 
of  these  subjects  one  year  and  the  other  the  next. 

DAILY  PROGRAMME  OF  RECITATIONS. 

8:50  a.  m Opening  Exercises  10  minutes 

9:00  a.  m Reading  (Beginners)   10  minutes 

9:10  a.  m Second  Reader  (Spelling  and  Language) 10  minutes 

9:20  a.  m "A"  Arithmetic  20  minutes 

9:40  a.  m "B"  Arithmetic  15  minutes 

9:55  a.  m "C"  Arithmetic  15  minutes 

10:10  a.  m Primary  Numbers  15  minutes 

RECESS. 

10:35  a.  m Physiology  or  Practical  Agriculture 15  minutes 

10:50  a.  m Fourth  Reader  15  minutes 

11:05  a.  m ....Third  Reader  (Spelling) 15  minutes 

11:20  a.  m "D"  Nature  and  Culture  lessons 20  minutes 

11:40  a.  m "A"  Fifth  Reader  and  Literature 20  minutes 

NOON. 

1:00  p.  m Singing  (Entire  School) 5  minutes 

1:05  p.  m Reading  (Beginners)  10  minutes 

1:15  p.  m Second  Reader  (Spelling  and  Language) 10  minutes 

1:25  p.  m "C"  Language  15  minutes 

1:10  p.  m "B"  Language  15  minutes 

1:55  p.  m "A"   Grammar   20  minutes 

2:15  p.  m Writing  and  Drawing  (Entire  School) 20  minutes 

RECESS. 

2:45  p.  m "B"   Spelling   10  minutes 

2:55  p.  m Reading  (Beginners)   10  minutes 

3:05  p.  m Second  Reader  (Spelling  and  Language) 10  minutes 

3:15  p.  m "C"  Nature  and  Culture  lessons 15  minutes 

3:30  p.  m "B"  Nature  and  Culture  lessons 15  minutes 

3:45  p.  m U.  S.  History  or  Civil  Government ...15  minutes 


10G 


READING  AND  SPELLING. 

FIRST  YEAR.  CHART  AND  FIRST  READER. 

First  Quarter.—  Using  chart  or  blackboard  teach  Hfty  words  by  phonic-word  method. 
Order: 

1.  Using  objects  impress  the  idea. 

2.  Drill  on  oral  expression  of  idea. 

3.  Write  the  word. 

Second  Quarter.— Continue  use  of  chart  or  blackboard.  Review  words  learned  and 
add  thirty  new  words.  Read  to  Lesson  XXV,  page  30,  Primer. 

Third  Quarter.— Read  to  Lesson  XXV,  page  66,  First  Reader.  For  supplementary 
reading  write  sentences  on  the  blackboard,  using  words  already  learned. 

Fourth  Quarter.— Complete  Primer  and  First  Reader. 

Ready  recognition  of  words  and  correct  expression  are  the  essential  elements  in 
reading;  both  result  from  experience.  Great  care  and  patience  should  be  exercised  in 
drilling  pupils  frequently  on  the  recognition  and  pronunciation  of  words.  Keep  a  list 
of  all  words  introduced  and  write  short,  expressive  sentences,  unlike  those  found  in 
the  reader,  containing  these  words,  and  use  such  sentences  for  exercises  in  sight 
reading. 

When  the  use  of  the  book  is  begun,  be  sure  to  drill  thoroughly  on  each  new  word 
before  allowing  the  pupil  to  attempt  to  read.  Insist  upon  proper  positions,  deep 
breathing  and  distinct  enunciation. 

Teach  the  long  and  the  short  sounds  of  the  vowels,  also  sounds  of  the  consonants, 
with  their  proper  diacritical  marks.  If  possible,  procure  a  copy  of  the  Hiawatha 
Primer  and  use  it  for  sight  reading  exercises  during  third  and  fourth  quarters. 

SECOND  YEAR.  SECOND  READER. 

First  Quarter.— To  Lesson  XV,  page  42. 

Second  Quarter.— To  Lesson  XXXII,  page  77. 

Third  Quarter.— To  Lesson  LIV,  page  136. 

Fourth  Quarter.— Complete  the  book  and  review. 

Much  attention  should  be  given  to  articulation  during  this  year.  Give  frequent 
drills  in  articulation  and  pronunciation,  using  the  tables  in  the  first  part  of  the  book, 
and  the  lists  for  pronunciation  and  spelling  throughout  the  book.  Make  other  lists, 
marking  the  words  diacritically. 

For  spelling,  alternate  oral  and  written  exercises,  using  the  lists  given  at  the  begin- 
ning of  the  lesson  and  other  words  selected  from  the  body  of  the  lesson.  Teach  phonic 
spelling  in  connection  with  each  lesson  in  reading. 

During  this  year  have  pupils  master  the  diacritical  markings  of  all  the  vowels. 
For  exercises  in  sight  reading  use  Cyr's  Second  Reader;  one  copy  of  this  book  is  suffi- 
cient for  the  purpose. 

THIRD  YEAR.  THIRD  READER. 

First  Quarter.— To  Lesson  IX,  page  37. 
Second  Quarter.— To  Lesson  XVI,   page  58. 
Third  Quarter.— To  Lesson  XXIV,  page  82. 
Fourth  Quarter.— To  Lesson  XXXII,  page  106. 

FOURTH  YEAR.  THIRD  READER  (Con.). 

First  Quarter.— To  Lesson  XLII,  page  138. 

Second  Quarter.— To  Lesson  LIII,  page  173. 

Third  Quarter.— To  Lesson  LXI,  page  204. 

Fourth  Quarter.— Complete  the  book  and  review. 

Give  much  attention  to  word  mastery.  Give  frequent  drills  in  pronunciation  of  the 
more  difficult  words.  Teach  pupils  to  use  the  dictionary  in  determining  the  pronun- 
ciation and  meaning  of  words.  Make  frequent  use  of  charts  found  on  pages  11  and 
12,  also  of  exercises  in  articulation,  emphasis,  inflection  and  phrasing,  pages  12-15. 

For  spelling  use  lists  at  the  beginning  of  the  lesson,  also  words  selected  from  the 
bbdy  of  the  reading  lesson  and  other  lessons. 

Make  the  pronunciation  and  meaning  of  every  word  plain,  by  diacritical  marking 
and  by  use  in  sentences. 


107 

A  complete  key  to  pronunciation  should  be  learned  during  this  period.  For  supple- 
mentary reading  and  exercises  in  sight  reading,  use  "William's  Choice  Literature, 
Book  I  Intermediate." 

FIFTH    VKAR.  FOURTH   RKADKR. 

1'irxt  Quarter.— To  Lesson  XIII,  page  82. 
*<;-<>n<l  Qnartt  r.—To  Lesson  XXVI,  page  126. 
ThinJ  Quarter.— To  Lesson  XXXVI,  page  158. 
Fourth  Quarter.— To  Lesson  XL VII,  page  190. 

SIXTH  YEAR.  FOURTH  READER  (Con.). 

First  Quarter.— To  Lesson  LX,  page  227. 

Second  Quarter.— To  Lesson  LXXIII,  page  265. 

77»in7  Quarter.— To  Lesson  LXXXIII,  page  299. 

Fourth  Quarter—  Complete  the  book. 

Study  carefully  "General  Directions"  on  page  38  and  make  good  use  of  them.  Pages 
11  to  37,  inclusive,  are  very  important;  do  not  fail  to  use  them  to  the  best  possible  ad- 
vantage. The  exercises  for  drill  in  articulation,  grouping,  inflections,  force  and  em- 
phasis are  especially  important.  Emphasize  thought-getting  before  expression. 

Spell  and  define  lists  of  words  found  in  the  book  and  make  other  lists  from  various 
lessons. 

Encourage  pupils  to  use  the  dictionary.  Give  many  exercises  in  sentence  making 
for  the  puropse  of  impressing  the  meaning  of  words.  Begin  word  building  and  word 
analysis,  using  tables  of  prefixes  and  suffixes  found  on  pages  331  to  336,  inclusive. 

Give  much  time  to  telling  and  writing  the  lesson  story. 

Have  different  pupils  read  an  entire  lesson,  having  made  special  preparation.  Make 
this  the  reading  lesson  frequently.  Review  constantly.  If  possible  procure  a  few 
copies  of  "Williams'  Choice  Literature,  Book  I  for  Grammar  Grades,"  and  use  them 
for  supplementary  reading. 

LITERATURE   AND   READING. 

SEVENTH  YEAR.  CLASSICS  AND  FIFTH  READER. 

First  Quarter. — Have  pupils  buy  and  study  carefully  Hawthorne's  "Three  Golden 
Apples"  (5  cent  edition  of  Educational  Publishing  Company),  and  select  lessons  2,  4, 
9,  13,  19,  20,  31,  35,  36,  42,  43,  47,  50,  57,  60,  from  the  fifth  reader.  Do  not  try  to  take  the 
lessons  as  they  are  arranged  in  the  book.  These  fifteen  lessons  have  their  setting  in 
nature.  Study  them  as  literature,  the  lesson  taught,  the  beauties  of  expression,  figures 
of  speech,  and  lives  and  writings  of  the  author  of  each. 

Second  Quarter.— Have  pupils  own  and  study  "Audubon"  (5  cent  edition),  and  select 
lessons  11,  17,  18,  30,  39,  40,  51,  53,  56,  61,  107,  113  and  116  from  fifth  reader.  These  lessons 
are  concerning  patriotism.  Continue  to  study  as  literature  as  in  first  quarter.  At 
times  have  the  entire  school  listen  to  the  reading  or  reciting  of  some  of  these  best 
pieces.  Close  quarter  with  an  essay  from  each  pupil  on  patriotism. 

Third  Quarter.— Study  carefully  the  classic  "Thanatopsis  and  other  poems"  (5  cent 
edition),  and  these  lessons  from  fifth  reader:  6,  24,  25,  26,  29,  32,  48,  78,  91,  93,  111,  129 
and  130.  Make  these  lessons  teach  a  deep  respect  for  the  men  who  have  made  our 
nation  great.  Study  carefully  Franklin's  style. 

Fourth  Quarter.— Study  "The  King  of  the  Golden  River"  (5  cent  edition),  and  lessons 
3,  8.  15,  23,  27,  28,  41,  58,  70,  74,  87,  96,  104  and  110,  in  the  fifth  reader.  These  lessons  should 
touch  the  children  in  such  a  way  as  to  cultivate  "good  morals  and  gentle  manners." 
Careful  attention  should  be  given  to  Prof.  Bailey's  "Essentials  of  Reading,"  found 
on  pages  13-46  of  fifth  reader. 

EIGHTH  YEAR.  LITERATURE  AND  FIFTH  READER. 

First  Quarter.— Get  five  cent  copies  of  "Evangeline"  and  study  it  thoroughly.  The 
more  the  pupils  commit  of  it  the  better.  Give  special  credit  to  pupils  who  will  commit 
it  and  study  following  fifth  reader  lessons:  34,  62,  64,  68,  69,  72,  76,  77,  79,  84,  88,  89,  92,  102, 
118,  119,  120  and  126.  These  are  most  excellent  lessons  with  which  to  teach  and  impress 
children  with  a  love  for  nature  and  to  cultive  a  taste  for  good  literature— the  two  best 
tests  of  good  teaching. 


108 

Quarter.— Irving' s  "Sketch  Book"  should  be  thoroughly  studied  tor  the  harra- 
tive,  for  the  plain  but  beautiful  style,  and  for  the  words.  After  this  select  all  lessons 
from  the  fifth  reader  written  by  Irving,  Addison,  Bunyan,  Carlyle,  Lamb,  Macaulay 
and  Ruskin,  and  study  the  lives  and  writings  of  all  these  men.  Have  different  pupils 
read  something  from  one  of  them  and  report  it  to  the  class. 

Third  Quarter.— Get  Whittier's  "Snow  Bound  and  Other  Poems"  (Houghton,  Mifflin  & 
Co.  15c.).  Select  poetry  from  the  fifth  reader  and  spend  this  quarter  making  a  special 
study  of  poetry  and  poetic  style.  (See  fifth  reader,  pages  53-60.) 

Fourth  Quarter.— Get  Shakespeare's  "Merchant  of  Venice"  in  cheap  form  and  make 
a  special  study  of  the  Shakespearian  Drama.  Read  selections  in  the  fifth  reader  from 
this  author  and  such  other  selections  as  you  may  find  time  for.  Give  special  attention 
to  pages  47-52  and  431-432  of  the  fifth  reader. 

SPELLING. 

FIFTH  YEAR.  SEVER'S  PROGRESSIVE  SPELLER. 

First  Quarter.— Lessons  101  to  135,  inclusive. 
Second  Quarter.— Lessons  136  to  170,  inclusive. 
Third  Quarter.— Lessons  171  to  205,  inclusive. 
Fourth  Quarter.— Lessons  206  to  240,  inclusive. 

SIXTH  YEAR.  SEVER'S  PROGRESSIVE  SPELLER. 

First  Quarter.— Lessons  241  to  271,  inclusive. 

Second  Quarter.— Lessons  272  to  301,  inclusive. 

Third  Quarter.— Lessons  302  to  331,  inclusive. 

Fourth  Quarter.— Lessons  332  to  361,  inclusive. 

Review  frequently.  In  order  to  spell  well  it  is  necessary  for  the  pupils  to  observe 
accurately  and  remember  perfectly. 

Alternate  oral  and  written  exercises.  Test  frequently  in  articulation  and  diacritical 
marking.  Drill  the  pupils  in  dividing  words  into  syllables  and  marking  the  accent. 

Study  and  illustrate  definitions  of  prefix,  suffix,  primitive,  derivative  and  compound 
words.  Give  exercises  in  word  building  and  word  analysis. 

In  the  recitation  require  pupils  to  give  definition  of  the  word  spelled  or  to  illustrate 
its  meaning  by  use  in  a  sentence. 

Make  tables  of  synonyms  and  homonyms  and  distinguish  their  meanings. 

Require  all  poor  spellers  of  higher  grades  to  study  and  recite  with  this  class. 

Intelligent  drill  is  the  key  note.  Mark  all  misspelled  words  in  your  pupils'  written 
work.  Keep  a  list  of  these  words  and  use  them  in  an  occasional  spelling  exercise.  At 
the  end  of  the  year  the  teacher  should  have  a  list  of  all  the  words  misspelled  during 
the  year,  having  given  the  pupils  a  drill  on  them  at  least  once  a  month. 

LANGUAGE. 

The  teacher  should  have  at  least  two  good  primary  language  books  and  the  lessons 
should  be  adapted  to  the  class.  Language  must  be  connected  with  thought-getting.  Do 
not  permit  the  work  to  become  mechanical,  but  let  expression  be  free  and  easy. 

The  reading  lesson  and  nature  and  culture  studies  will  furnish  all  material  neces- 
sary for  first  and  second  years.  Require  much  copying  and  writing  from  dictation. 
Have  oral  expression  of  thought  in  connected  form.  Have  pupils  draw  pictures  of 
objects  talked  about. 

In  all  written  work  emphasize  neatness  in  writing  and  correct  spelling,  punctuation, 
capitalization  and  paragraphing.  Study  these  things  in  connection  with  reading.  Make 
every  lesson  a  language  lesson. 

THIRD  YEAR.  DE  GARMO.  BK.  I.  PART  I. 

First  Quarter.— Lessons  1-20.  This  chapter  will  be  most  interesting  if  teacher  will 
study  carefully  what  the  author  says  to  the  teacher  in  the  preface  and  in  the  notes, 
"to  the  teacher,"  on  nearly  every  page. 

Second  Quarter.— Lessons  21-52.  So  far  the  main  object  has  been  to  teach  things  to 
pupils  and  to  guide  them  in  proper  recognition  of  forms  in  giving  expression.  Connect 
this  with  nature  and  culture  studies. 

Third  Quarter.— Lessons  53-75.  These  lessons  teach  letter  writing  and  a  study  in, 
classification.  Read  the  entire  story  of  Robinson  Crusoe  to  the  children  and  work: 


109 

out  most   interesting  and   fascinating   composition   exercises   from   it   under   direction 
of  book. 

Fourth  Quarter.— Lessons  76-91  and  review.  These  lessons  continue  the  story  of  Rob- 
inson Crusoe.  If  the  teacher  can  find  time  to  use  "Ten  Boys,"  published  by  Ginn  & 
Company,  in  similar  manner  to  directions  for  use  of  Robinson  Crusoe,  it  will  be  most 
excellent  work.  This  can  be  done  in  long  term  schools. 

FOURTH  YEAR.  DE  GARMO.  BK.  I.  PART  II. 

First  Quarter.— Lessons  1-16.  The  teacher  should  have  "The  History  of  John  Smith's 
Life"  and  "Aesop's  Fables"  and  have  pupils  read  them.  Do  more  in  the  historic  line 
than  the  book  provides.  The  story  of  Columbus  is  also  a  good  one  to  use  here.  Do 
not  neglect  the  exercise  on  the  sentence  and  parts  of  speech. 

Second  Quarter.— Lessons  17-39.  The  teacher  must  emphasize  the  correct  use  of  the 
pronoun  this  quarter  and  in  addition  thereto  continue  the  use  of  the  fables  (excellent 
means  of  teaching  morals)  and  the  stories  of  John  Smith  and  Columbus. 

Third  Quarter.— Lessons  40-64.  The  author  introduces  "The  Story  of  Ulysses."  The 
teacher  will  do  well  who  adds  also  "Greek  Gods,  Heroes  and  Men."  Do  not  be  afraid 
of  getting  too  many  interesting  things  for  the  children.  They  will  revel  in  them,  will 
write  the  stories  in  their  own  language,  will  tell  them  at  home  and  learn  to  use 
good  language.  Emphasize  good  tense  forms  here. 

Fourth  Quarter. — Lessons  65-75  and  review.  The  work  of  this  quarter  is  not  unlike 
that  of  last  except  that  emphasis  is  placed  on  modifiers  in  grammatic  forms,  etc. 

In  all  this  work  study  to  catch  the  spirit  of  the  author  and  avoid  the  mere  formal 
disposition  of  the  subject  matter. 

FIFTH  YEAR.  DE  GARMO.   BK.  II.  PART  I. 

First  Quarter.— Lessons  1-20.  The  teacher  will  notice  that  the  general  trend  of  the 
work  for  this  class  is  the  same  as  for  the  lower  class.  The  new  forms  and  modifica- 
tions are  just  a  little  more  advanced.  Use  more  of  the  fables  and,  in  addition  to  the 
story  of  Lincoln,  utilize  the  story  of  Washington. 

Second  Quarter.— Lessons  21-36.  Many  of  these  lessons  will  correlate  nicely  with  the 
nature  and  culture  studies,  more  especially  in  the  observations  and  comparisons  of 
animals. 

Third  Quarter.— Lessons  37-54.  The  author  uses  "lie  and  lay,"  "sit  and  set,"  "like 
and  as,"  as  a  means  of  securing  correct  forms  of  the  verb;  the  teacher  will  find  many 
more  usually  incorrect  expressions  to  use  in  the  same  way. 

Fourth  Quarter.— Lessons  55-66  and  review.  Different  parts  of  the  "Story  of  Ulysses" 
are  utilized  here  for  composition  and  to  teach  sentence  forms  and  the  use  of  adverbs. 
As  suggested  before,  carry  "Greek  Gods,  Heroes  and  Men"  along  with  it. 

SIXTH  YEAR.  DE  GARMO.  BK.  II.   PART  II. 

First  Quarter.— Lessons  1-28. 

Second  Quarter.— Lessons  29-54. 

Third  Quarter.— Lessons  55-78. 

Fourth  Quarter.— Lessons  79-106. 

In  this  year  the  work  of  correlating  composition  work  with  good  literature  (bio- 
graphic and  historic  sketches)  is  continued.  The  Rip  Van  Winkle  stories  are  but  a 
type  of  many  others  found  in  Irving's  Sketch  Book.  The  Stories  of  Alexander  and 
Diogenes  will  suggest  many  others  to  the  teacher  acquainted  with  ancient  history. 
Along  with  the  biography  of  Benjamin  Franklin  should  come  those  of  Jefferson, 
Madison,  Hamilton,  and  many  others. 

The  study  of  animals  will  connect  directly  with  the  nature  and  culture  studies. 
There  is  enough  grammar  in  the  book,  perhaps,  but  the  live  teacher  will  find  time 
for  more  drilling  than  is  provided. 

GRAMMAR. 

SEVENTH  YEAR.  PATRICK'S  LESSONS. 

In  view  of  the  fact  that  many  teachers  do  not  find  Patrick's  Grammar  teachable- 
due  very  largely  to  the  fact  that  there  has  not  been  sufficient  drill  in  lower  grades 
and  to  the  further  fact  that  the  author  has  put  some  of  the  hardest  things  first— it  is 
thought  best  not  to  begin  with  the  first  of  the  book,  and  it  is  recommended  that  the 
teacher  have  Southworth  and  Goddard  at  hand  for  pupils  and  that  Patrick's  be  very 
much  supplemented. 


110 

First  Quarter.— -Lessons  5-11  supplemented  from  Southworth  and  Goddard's  lessons  on 
nouns,  pronouns  and  adjectives.  Do  not  fail  to  drill  on  inflections.  In  recent  years 
there  has  been  much  said  against  parsing.  There  is  no  thorough  grammar  teaching 
without  it.  Emphasize  the  parsing  of  nouns  and  pronouns  this  quarter. 

Second  Quarter.— Lessons  12-19.  Here  is  a  vast  field  for  work  and  Patrick  has  given 
only  an  outline.  Find  much  supplementary  work  in  other  texts  for  the  children.  Do 
not  take  anything  for  granted.  They  do  not  know  the  verb  after  studying  it  for  years. 
Drill  on  conjugations  and  when  you  think  the  pupils  know  it,  try  it  again. 

Third  Quarter.— Lessons  20-24  and  supplement  by  having  many,  very  many  simple 
sentences  parsed. 

Fourth  Quarter.— Lessons  25-26  on  participles  and  infinitives.  While  studying  these 
have  much  declining  and  conjugating  done  and  parse,  especially  the  nouns,  pronouns 
and  verbs. 

EIGHTH   YEAB.  PATRICK'S  LESSONS. 

First  Quarter.— Lessons  28-32.  Supplement  here  as  before.  The  work  runs  too  rapidly 
into  difficult  forms. 

Second  Quarter.— Lessons  35-40.  How  much  time  should  be  devoted  to  letter  writing 
and  composition  will  depend  on  previous  drills.  This  work  should  be  carried  along 
through  the  entire  course,  but  in  nine  schools  out  of  ten,  several  weeks  should  be 
given  to  it  here. 

Third  Quarter.— Lessons  1-4.  This  is  sufficient  if  all  the  exercises  are  done.  The 
children  can  not  do  much  of  the  work  until  the  teacher  drills  on  the  analysis  of  sen- 
tences. When  these  four  lessons  are  well  and  thoroughly  taught  there  is  little  left 
for  the  teacher  in  this  grade  to  do. 

Fourth  Quarter.— Make  a  thorough  study  of  difficult  forms  found  in  lessons  27  and  41. 

ARITHMETIC. 

R5T   YEAR.  NUMBERS. 

First  Quarter.— The  object,  for  some  weeks,  is  not  so  much  to  teach  numbers,  as  to 
prepare  the  way.  What  is  presented  for  one  lesson  is  intended  for  many  that  the 
teacher's  ingenuity  must  suggest.  Do  not  fall  into  the  error  of  thinking  that  children 
know  all  about  one,  two  and  three  when  they  come  to  school.  They  do  know  some- 
thing, but  not  all,  about  them.  To  know  a  number  is  to  know  how  to  make  all  sorts 
of  comparisons,  combinations  and  partitions  of  it.  Drill  to  secure  correct  forms  of 
expression  from  use  of  signs.  The  Arithmetic  for  first  to  fourth  year  inclusive,  is 
adapted  from  "Longan's  Method,"  a  primary  arithmetic  soon  to  be  published  by  G.  B. 
Longan,  assistant  city  superintendent  of  school,  Kansas  City,  Mov 

READ  :  -f  and;  —  taken  from,  beginning  with  number  on  the  right ;  =  are  with  + ;  =  leaves 
with  — ;  X  times,  beginning  with  number  on  right,  -f-  how  many  (?)  in  (?)  iA  connection  with  =, 
beginning  with  number  on  the  right.  Or  -f-  (?)  is  how  many  times  (?),  beginning  with  the  number 
on  its  left. 

1  book  +  2  books  =  3  books. 

2  books  —  1  book  =  1  book. 

Place  a  large  number  of  simple  problems  on  the  board  and  have  pupils  copy  them. 
Lessons  should  be  given  with  objects  first,  however. 

Have  foot  rulers.  Let  children  draw  three  lines  on  the  board  the  length  of  the  ruler 
in  different  positions  and  in  straight  line: 


Drill  in  all  sorts  of  combinations  and  subtractions,  calling  them  lines  and  feet,  and 
arrange  board  work  for  pupils  to  copy. 

Take  yard  sticks  and  treat  in  same  manner.  Make  both  foot  and  yard  as  units  and  teach 
that  1  foot  =  H  yard;  2  feet  =  %  yard;  1  foot  X  2  =  %  yard.  Use  other  objects  in  same  way. 
Adding  to  and  taking  away  the  objects,  have  pupils  recite  in  good  form.  Put  lipes  on  board  5 
erase  and  replace  so  as  to  make  all  possible  combinations. 


Ill 

Study  four  in  like  manner  through  the  use  of  the  liquid  measure.  Have  supply  of 
g-allon,  H&lf  gallon,  quart  and  pint  measures  and  a  bucket  of  water.  Let  children  meas- 
ure out  water  and  learn  that 

l|»t+lpt  =  qt;    Ipt-flqt  =  3pts;    1  pt  +  2  pts  =  IK  qts;    1  pt  +  3  pts  =  2  qts,  etc. 
Do  not  think  one  lesson  in  this  is  sufficient.     Persist  with  the  concrete  work  and 
give  much  seat  work,  such  as: 

4  pts  —  1  pt  =  (?)  pts;   1  qt  +  2  pts  =  (?)  pts;  2  pts  +  2  pts  =  (?)  qts  ;   1  qt  +  (?)  qts  =  1  gal  ; 
1  -;i  1  —  2  pts  =  (?)  qt;  3  pts  -f-  (?)  pts  =  2  qts. 
Confine  the  work  in  this  quarter  to  the  number  four. 

Second  Quarter.—  Continue  the  work  of  the  first  quarter  and  use  many  practical  prob- 
lems: In  2  gallons  how  many  V2  gallons?  In  1%  gallons  how  many  quarts?  In  l/2  yard 
how  many  V*  feet?  1  gallon  X  2  =  (?)  Y2  gallons?  And  then  go  to  abstract  problems 

?  ?  ?  ?  ? 

1  =  -    li/2  =  -    l  =  -    2  =  -;    1  —  Y*  =  -,  etc. 

2233  3 

Make  dozens  of  problems  like  the  following:  A  man  had  a  gallon  of  cider  and 
sold  a  quart;  how  many  quarts  had  he  left?  A  pint  of  nuts  is  worth  two  cents;  what 
is  a  quart  worth? 

Have  a  supply  of  coppers  and  nickels  and  dimes.  With  these  teach  flve,  combina- 
tions of  fives  and  parts  of  five.  There  is  no  limit  to  the  amount  of  work  an  ingenious 
teacher  may  do  for  her  pupils  here.  Do  not  neglect  the  use  of  the  measures.  Persist 
in  using  them  and  in  having  children  use  them.  Good  results  can  not  be  expected 
until  children  are  made  thoroughly  familiar  with  units  of  measure. 

Third  Quarter.—  Have  rulers  six  inches  long  divided  into  inches  and  marked  on  op- 
posite side  "%  ft."  Get  pupils  to  draw  on  board  lines  1  in.  long,  2  in.  long,  3  in.  long. 
Put  them  together  in  all  sorts  of  ways  to  make  combinations  of  six  and  numbers  below 
six.  Show  parts  of  ft.,  parts  of  %  ft.,  etc.  Place  parts  together  for  sums;  take  them 
apart  for  differences.  Do  not  neglect  board  and  seat  work.  Use  many  kinds  of  objects 
to  illustrate  this  work:  Pint  and  quart  measures,  pieces  of  money,  etc.  The  class 
work  should  prepare  pupils  for  slate  work.  Group  objects  and  have  pupils  see  groups 
and  not  count  by  single  units.  Get  children  to  see  how  many  2  inches  in  6  inches,  how 
many  2  pints  in  8  pints,  in  1  gallon;  how  many  5c.  nickels,  in  1  dime,  in  2  dimes.  Use 
following  scheme  for  slate  and  blackboard  work: 

ftl  5c-l 

ft  I  3  c.  I 

**'  2c- 

* 


4  in 


3  in  j-  =  (?)  ft.  =  (?)  in.  (?)  nickels. 


2  in  | 
linj 


ft 
1-6  ft 
5-6  ft 


6c.  I 
7c.  I 
8c.J 


Teach  what  linear  measure,  liquid  measure,  dry  measure  and  money  measure  are 
used  for.  Introduce  here  the  peck  and  bushel  measures,  and  review  thoroughly  with  it. 

Fourth  Quarter.— Take  time  measure  to  teach  seven.  Using  day  as  unit  build  up  the 
week;  using  week  as  unit,  teach  sevenths.  Teach  eight  by  means  of  dry  measure,  quarts, 
pecks,  bushels  and  by  the  scale  in  music. 

Teach  nine  principally  through  linear  measure.  Liquid  and  dry  measure  may  be 
made  to  serve  here  also. 

Teach  ten  with  money.  That  will  be  easy  now.  Make  hundreds  of  practical  prob- 
lems concerning  the  farm,  its  products  and  marketing.  Take  children  to  store  and 
make  problems  concerning  ribbon,  calico,  cloth,  etc.,  concerning  things  that  are  bought 
and  sold  by  the  bushel  or  by  the  gallon  and  their  parts.  Begin  to  make  tables  in  addi- 
tion, subtraction,  multiplication  and  division,  using  fractions  as  well  as  whole  numbers. 

SECOND  YEAR.  NUMBKHS. 

First  Quarter.— Teach  11-14,  inclusive.  Let  the  work  be  objective  still,  but  lead  more 
rapidly  to  mental  solution.  Have  pupils  make  and  illustrate  in  concrete  way  many 
abstract  problems.  Teach  pupils  to  make  problems.  Let  problems  and  units  used  be 
those  of  practical  and  industrial  necessity,  not  those  frequently  used,  such  as:  tooth- 
picks, shoe-pegs,  marks,  apples,  grains  of  corn,  etc.  Do  not  fear  using  objects  and 
measuring  instruments  too  much.  Water  may  be  used  for  milk,  cider,  syrup,  etc. :  sand 
for  corn,  wheat,  apples,  etc.;  strings  for  ribbons  and  dress  goods;  buttons,  for  money. 

Take  each  number  through  the  three  stages.  The  development,  the  use  and  the 
drill.  Aim  at  accuracy  of  expression  as  well  as  of  thought.  Drill  for  thoroughness  and 


112 


rapidity.  "Form  a  line,  using  twelve  one  foot  measures.  Let  a  sufficient  number  of 
pupils  stand  before  the  class  to  hold  the  measures  up  in  line,  end  to  end.  "Separate 
the  line  in  the  middle.  How  long  is  this  part?  How  long  is  that  part?  How  many 
sixes  of  feet  in  twelve  feet?  What  part  of  the  whole  line  is  this  part?  What  part  of 
the  whole  line  is  that  part?  One-half  of  twelve  feet  are  how  many  feet?  Two  halves  of 
twelve  feet  are  how  many  feet?  Now  break  the  parts  three  feet  from  this  end;  now 
three  feet  from  this  end.  How  long  is  the  first  part?  How  long  is  the  second  part? 
The  third  part?  The  fourth  part?  How  many  parts  are  there  in  the  whole  line?  How 
many  threes  of  feet  in  twelve  feet?  In  six  feet?  In  nine  feet?  How  many  yards  in 
three  feet?  In  six  feet?  In  nine  feet?  In  twelve  feet? 

The  teacher  may  now  substitute  four  yard  measures  for  the  twelve  foot  measures 
and  go  over  same  line. 

Similarly  show  how  many  twos  of  feet  in  twelve  feet." 

Second  Quarter.— Teach  15-20  inclusive,  and  use  avoirdupois  and  apothecary  weights. 
Have  scales  in  school,  if  possible;  if  not,  go  with  children  once  or  twice  to  a  grocery 
or  drug  store  and  illustrate  the  work.  Balances  may  be  improvised  by  the  teacher. 
Follow  same  general  directions  as  given  in  first  quarter. 

Third  Quarter.— Teach  21-30  inclusive.  lutroduce  the  rod  as  a  unit  of  measure  and 
have  children  measure  distances  near  school  house. 

Fourth  Quarter.— Teach  31-50  inclusive.  Introduce  square  measure  and  how  to  meas- 
ure surfaces  of  blocks,  tables,  desks,  walls,  floors,  yards,  etc. 

THIRD  YEAR.  WITHOUT  TEXT. 

It  would  be  well  for  the  teacher  to  have  "Common  Sense  Arithmetic,  Number  One," 
or  "Hall's  Elementary  Arithmetic,"  Werner  Co.,  from  which  to  select  exercises. 

First  Quarter.— As  before,  keep  concrete  work  ahead  of  abstract,  but  have  more 
abstract  work  than  formerly.  Teach  pupils  to  solve  such  examples  as:  (1)  12  plus  Vz 
of  12  multiplied  by  2.  (2)  12  —  1-3  of  12  divided  by  4.  Use  such  examplies  as  a  basis  of 
problem  making,  as  follows:  A  farmer  had  12  pigs  and  bought  one-half  as  many  more 
and  sold  what  he  then  had  at  $2  apiece.  How  much  money  did  he  receive?  (2)  A 
mother  had  12  oranges  and  gave  her  son  1-3  of  them  and  divided  the  remainder  equally 
among  her  four  girls.  How  many  oranges  did  each  girl  get? 

Drill  upon  surface  forms: 


Figure  1. 


A  is  what  part  of  the  unit?    B  is  what  part  of  A?    of  the  unit?    of  A  plus  B?    of  A 
plus  C?    of  A  plus  the  unit?    Make  problems  based  on  such  division. 


Figure  2. 


Drill  on  adding  and  subtracting  and  taking  parts.  If  12  is  the  unit  in  figure  2,  what 
is  A?  What  is  C?  What  is  A  plus  C?  What  is  A  plus  B  —  D?  What  is  the  unit  - 
A?  What  is  the  unit  —  E? 

If  40  is  the  unit  in  figure  1,  what  are  the  several  parts?  Get  ready  for  percentage 
by  making  100  the  unit. 

Have  pupils  add  columns  of  figures  and  to  multiply  by  3. 

Second  Quarter.— Teach  how  to  reduce  fractions  to  a  common  denominator.  After 
reducing,  add  and  subtract.  Give  equivalents  in  hundredths  of  J4  %,  1-5,  1-10,  etc. 


113 

Teach  pupils  to  multiply  large  numbers  by  4  and  5  and  to  subtract  where  there  is  no 
•"borrowing." 

Third  Quarter.— Continue  the  same  kind  of  work  as  above.  Teach  to  multiply  by  6 
•and  7  and  to  divide  by  3  and  4. 

Persist  in  furnishing  many  practical  problems  and  in  having  pupils  make  them. 

Fourth  Quarter.— Add  longer  columns.  Subtract  by  easy  "borrowing."  Multiply  by 
•S,  9  and  10.  Divide  by  5  and  6.  Write  such  examples  as  (%  of  15)  plus  (%  of  24)  equal? 
Require  pupils  to  make  problems,  using  above.  Teach  factors  of  numbers  from  4  to  50. 

FOURTH  YEAR.  WITHOUT  TEXT. 

First  Quarter.— Continue  same  kind  of  work  as  in  previous  year  making  work  in 
multiplying  and  dividing  more  difficult  until  pupils  can  perform  processes  rapidly  to  12. 

Drill  on  parts  and  run  it  into  parts  of  100  or  percentage.  White's  Oral  Arithmetic 
may  be  used  to  good  advantage  in  this  class. 

Second  Quarter.— Drill  on  fractions  and  problem  making.  Teach  to  write  and  read 
decimals  and  to  perform  simple  operations  with  them.  Do  not  forget  to  keep  problems 
on  board  for  pupils  to  solve  and  drill  on  proper  forms  of  solution  and  correct  explana- 
tions. 

Third  Quarter.— Spend,  much  time  in  solving  problems  in  measurements  of  surfaces 
and  of  solids.  Teach  to  find  areas  and  contents.  Have  a  box  of  blocks  of  all  sizes 
from  y2  inch  cube  to  6  inch  cube.  These  may  be  made  at  any  saw  mill  or  lumber  yard. 
Use  them  to  teach  relations  of  numbers,  ratio  and  proportion.  Thoroughly  drill  in  sight 
work.  Teach  long  division. 

Fourth  Quarter.— Continue  drills  in  all  subjects  taught,  devoting  Mondays  to  taking 
parts  and  in  percentage,  Tuesdays  to  ratio  and  proportion,  Wednesdays  to  measure- 
ments, Thursdays  to  fractions  and  Fridays  to  rapid  processes  in  simple  numbers.  This 
is  according  to  Hall's  spiral  plan  and  should  be  used  through  the  entire  course  as 
supplementary. 

FIFTH  YEAR.  MILNE'S  STANDARD. 

First  Quarter.— To  page  60. 

Second  Quarter.— To   page  85. 

Third  Quarter.— To  page  110. 

Fourth  Quarter.— To  page  128. 

During  the  year  White's  Oral  Arithmetic  to  page  55.  Give  frequent  drills  in  notation 
•and  numeration.  This  year  a  full  and  complete  mastery  of  addition,  subtraction,  multi- 
plication and  division  and  of  simple  and  fractional  numbers  should  be  acquired. 

At  the  time  of  reciting  Oral  Arithmetic  do  not  have  the  problems  written  where  the 
.pupils  can  see  them.  The  pupils  should  listen  so  that  each  may  repeat  the  problem 
if  required  to  do  so. 

The  pupil  solving  the  problem  should  stand  and  give  his  own  analysis,  the  teacher 
•warning  him  against  illogical  processes,  but  giving  no  set  forms.  Do  not  omit  the 
practice  in  problem  making. 

SIXTH  YEAR.  MILNE'S  STANDARD. 

First  Quarter.— To  page  144.  Complete  common  fractions.  Use  the  "Review  Exer- 
cises" in  the  book.  Make  others. 

Second  Quarter.— To  page  170.  Remember  that  a  clear  understanding  of  percentage 
•depends  upon  thorough  knowledge  of  decimal  fractions.  Dril.  Drill. 

Third  Quarter.— To  page  196.  The  work  in  compound  numbers  should  be  amply  illus- 
trated by  having  the  children  use  the  various  weights  and  measures.  (You  can  make 
or  borrow  them). 

Fourth  Quarter.— To  page  220.  During  the  entire  year  use  White's  Oral  Arithmetic 
to  page  98.  Much  depends  on  how  you  use  it. 

SEVENTH  YEAR.  MILNE'S  STANDARD. 

First  Quarter.— To  page  245.  Let  the  first  month  be  used  in  review.  Do  not  fail  to 
make  clear  the  principles  involved  in  each  problem.  Teach  percentage  analytically, 
reducing  the  percent  to  a  common  fraction.  Have  each  problem  solved  from  the  pupil's 
•own  view-point.  Avoid  model  solutions,  patterns  and  recipes.  Lead  pupils  to  think. 

S— 8 


114 

Second  Quarter.— To  page  262.  Give  much  supplementary  work  during  this  quarter 
in  addition  to  emphasizing  the  corresponding  work  in  White's  Oral  Arithmetic.  Drill 
for  accuracy  and  rapidity. 

Third  Quarter.— To  page  289.  Omit  "Annual  Interest,"  and  "True  Discount,"  and  drill 
the  pupils  until  they  can  readily  write  any  of  the  simple  forms  of  business  paper,  sucb 
as  promissory  notes,  receipts,  checks,  drafts,  etc. 

Fourth  Quarter.— To  page  312.    During  the  entire  year  use  White's  Oral  Arithmetic- 
to  page  146. 

EIGHTH  YEAR.  MILNE'S  STANDARD. 

First  Quarter.— To  page  342.  Make  it  plain  that  simple  proportion  is  an  equality  of 
simple  ratios  that  may  be  arranged  in  direct  or  indirect  order.  Avoid  the  formal  state- 
ment of  problems  by  the  rule  given  on  page  318,  and  lead  pupils  to  see  relations. 

Second  Quarter.— To  page  368.  If  you  find  your  pupils  do  not  grasp  the  principles 
involved  in  a  given  problem,  simplify  and  drill  until  they  are  able  to  master  them. 
This  quarter's  work  gives  you  a  rare  opportunity  to  test  the  strength  of  your  pupils 
in  Arithmetic. 

Third  Quarter.— To  page  394. 

Fourth  Quarter. — Complete  the  book. 

Complete  White's  Oral  Arithmetic  during  the  year,  and  review  the  most  difficult 
points. 

UNITED  STATES  HISTORY. 

In  addition  to  the  text  it  is  recommended  that  the  teacher's  desk  be  supplied  with 
copies  of  "Fiske's  History  of  the  United  States,"  "Shinn's  History  of  the  American 
People,"  and  as  many  other  good  books  on  the  subject  as  possible.  Copies  of  old 
readers  containing  historic  selections  will  be  found  useful.  The  teacher  may  form  a 
good  working  library  for  the  use  of  a  class  in  history  by  asking  pupils,  patrons  and5 
friends  to  donate  or  lend  such  suitable  books  as  they  possess.  The  wise,  enthusiastic, 
industrious  teacher  will  never  have  a  dull  class  in  United  States  History.  Books  recom- 
mended for  the  library  will  help  much  here.  The  outline  given  below  is  meant  to  be 
suggestive.  The  aim  is  to  lead  our  boys  and  girls  to  love  this  great  country  of  ours 
and  to  read  her  history  with  interest  and  profit. 

SEVENTH  YEAR.  MORRIS'  ELEMENTARY. 

First  Quarter.— Parts  I  and  II.  Study  lives  of:  Columbus,  The  Cabots,  DeSoto,. 
Pizarro,  Cortez,  Raleigh,  Champlain,  Hudson,  John  Smith,  Bacon,  Roger  Williams,, 
Anne  Hutchinson,  Peter  Stuyvesant,  Wm.  Penn,  Lord  Baltimore,  and  others. 

Study  maps.  Locate:  Labrador,  San  Salvador,  Florida,  Newport,  Jamestown,. 
Plymouth,  Salem,  Manhattan,  Hartford,  Philadelphia,  Charleston,  Pittsburg  and 
Trenton. 

Read:  "Landing  of  the  Pilgrims,"  "Columbus'  Dream,"  "Supposed  Speech  of  an 
Indian  Chief,"  "Ponce  De  Leon,"  "Pocahontas"  and  other  selections  bearing  on  this- 
period. 

Second  Quarter.— Parts  III  and  IV.  Study  lives  of:  Washington,  Dinwiddie,  Wolf, 
Patrick  Henry,  Richard  Henry  Lee,  Jefferson,  Hamilton,  Adams,  Greene,  Lafayette, 
and  others. 

Use  the  maps  freely.    Locate  every  place  of  historical  importance. 

Read:  "Paul  Revere's  Ride,"  "Grand-mother's  Story  of  the  Battle  of  Bunker 
Hill,"  "Supposed  Speech  of  James  Otis,"  "The  Rising  of  '76,"  The  Capture  of  Andre," 
"Marion's  Men,"  and  others. 

Third  Quarter.— -parts  V  and  VI.  Refer  frequently  to  "Fiske's  History  of  the  United 
States."  Study  lives  of:  Madison,  Jackson,  Fulton,  Daniel  Boone,  Gen.  Taylor,  Sam 
Houston,  S.  F.  B.  Morse,  and  others. 

Sing:  "America,"  "Battle  Hymn  of  the  Republic,"  "The  Red,  White  and  Blue," 
"The  Star  Spangled  Banner,"  "Centennial  Hymn,"  "A  Ballad  of  Manila  Bay,"  and 
other  patriotic  songs. 

Do  not  fail  to  use  the  maps.  Use  wall  maps,  also,  drilling  on  the  location  of  every 
place  mentioned  in  the  text. 

Fourth  Quarter.— Parts  VII  and  VIII,  and  review  the  book.  Keep  up  the  study  of 
biography.  Use  the  blackboard  or  paper  in  drawing,  maps  of  the  different  localities 
mentioned  in  the  text.  Direct  pupils  in  finding  literary  selections  bearing  on  the  sub- 


ject  under  consideration.  Have  many  good  selections  memorized  and  declaimed  before 
the  school.  If  possible  obtain  a  few  copies  of  "The  Story  of  the  Great  Republic,"  to 
use  as  supplementary  work. 

CIVIL   GOVERNMENT   AND    HISTORY    OP    MISSOURI. 

IKiHTH  YEAR.  BADER'S. 

The  table  of  contents  of  this  book  is  a  general  outline  of  its  divisions,  and  a  topical 
outline  is  found  at  the  end  of  each  chapter,  therefore,  only  an  assignment  of  the  work 
by  quarters  is  here  given.  The  teacher  is  urged  to  procure,  if  possible,  such  texts  as 
"Dole's  American  Citizen,"  "Andrew's  Civil  Government  of  the  United  States,"  and 
others  as  references.  Both  teacher  and  pupils  should  know  more  than  the  text 
given. 

First  Quarter.— "Civil  Government  of  the  United  States,"  Chapters  I  to  V,  inclusive. 

Second  Quarter—  Chapters  VI  to  X,  inclusive. 

Third  Quarter.— "Civil  Government  of  Missouri,"  Chapters  I  to  XI,  inclusive. 

Fourth  Quarter.— "History  of  Missouri,"  Chapters  I  to  XXIV,  inclusive. 

Use  map  of  Missouri  freely,  and  drill  until  pupils  can  locate  every  place  of  inter- 
est in  the  state. 

DRAWING. 

The  object  of  this  course  is  an  understanding  of  the  type-forms  in  nature  and  art, 
the  training  of  the  powers  of  observation  and  the  development  of  the  aesthetic  taste 
and  judgment.  All  teachers  who  have  had  no  especial  training  for  the  work,  should 
make  a  careful  study  of  some  text  and  develop  a  critical  sense  of  form.  A  two-year 
course  without  a  book  is  here  arranged  with  the  hope  that  its  brevity  and  simplicity 
will  so  recommend  it  that  teachers  will  give  it  a  careful  trial.  Following  lines  sug- 
gested, the  course  may  be  easily  extended  to  cover  four  or  six  years. 

Materials.— Sheets  of  paper  6  by  9  inches,  a  soft  lead  pencil  and  a  rubber  eraser. 

Models.— The  course  is  so  arranged  that  when  leaf  models  are  needed  they  will  be  in 
season.  Other  models  may  be  made  or  procured  from  the  homes.  Interested  pupils 
may  be  relied  on  to  furnish  their  own  models,  if  properly  directed  by  the  teacher. 
The  order  of  procedure  in  the  drawing  of  any  model,  is: 

Firs*.— Sketch  very  lightly  the  general  direction  of  any  long  lines  that  will  aid  in 
the  construction  of  the  drawing. 

Second.— Using  these  guide  lines,  sketch  lightly  the  approximate  form  desired. 

Third.— Trim  and  add  to  the  approximate  until  the  true  form  is  made. 

Fourth.— Add  details  not  already  drawn  as  part  of  the  general  form. 

^i/M.—Strengthen  the  desired  outline  and  erase  the  constructive  and  misplaced 
lines. 

(Note.)— The  drawing  should  alternate  with  writing  by  days,  weeks  or  quarters. 

FIRST  YEAR. 

First  Quarter:    Straight  and  Curved  Lines. 

1.  Horizontal  lines,  vertical  lines,  square,  square  with  diaognals,  true  square  with 
oblique  square  within,  square  with  diameters,  square  with  heart  within  square,  square 
with  differently  formed  rosettes  within,  etc. 

2.  Leaf  Models.  Pupils  will  collect  and  mount  flatly  on  cards  ten  varieties  of 
leaves  for  models.  Draw  only  the  principal  veins  and  serrations. 

Second    Quarter:    Sphere  and  Spherical  Models. 

1.  Drawing  from  true  sphere  suspended  at  the  level  of  the  eye. 

2.  Spherical  fruits  or  vegetables  used  as  models. 
Third  Quarter: 

1.  Drawing  of  mixed  models:     Vase,  dish,  basket,  box,  etc. 

2.  Rectangular  forms  in  horizontal,  vertical  or  oblique  positions. 

Fourth  Quarter.— Cylindrical  and  mixed  models  and  their  modifications.  Vegetables, 
sections  of  wood,  stems,  ears  of  corn,  etc. 

SECOND  YEAR. 

First  Quarter.— Rectangular  models  in  horizontal  positions,  below  the  level  of  the  eye, 
showing  front  and  top  only.  Cylindrical  forms  in  different  positions  at  the  level  of 
the  eye. 

Second  Quarter.— Cubical  forms  at  level  of  the  eye,  below  level  of  the  eye.  Try  some 
irregular  forms,  using  pebbles  or  pieces  of  ore  as  models. 


116 

Third  Quarter.— Use  groups  of  models.  Study  the  proper  combination  of  objects  into 
harmonious  groups  and  draw. 

Fourth  Quarter.— Free  hand  drawing  of  simple  blossoms  or  sprays,  mounted  upon 
cards.  Make  free  hand  drawing  of  mouse,  cat,  rabbit,  and  other  simple  animal  forms. 

WRITING. 

The  aim  in  school  writing  should  be  to  train  every  child  to  write  a  neat  legible  hand 
with  facility.  During  the  first  three  or  four  years  attention  should  be  given  "mainly  to 
form,  but,  while  learning  to  make  letter  forms  neatly  and  accurately  the  child 
should  form  writing  habits  which  interpose  nothing  to  prevent  freedom  in  subsequent 
training.  Beginning  in  Class  B,  there  should  be  systematic  training  for  freedom  and 
speed  combined  with  continued  care  as  to  neatness  and  accuracy  of  form. 

Materials.-During  the  first  three  months  the  blackboard  and  crayon  supply  the 
best  materials  for  the  child's  practice.  After  that  he  should  use,  in  addition,  a  copy 
book,  practice  paper,  an  exercise  book  for  his  general  written  work  and  a  broad, 
smooth  pen,  or  a  good  pencil  with  broad  lead.  The  use  of  slates  induces  the  worst 
kind  of  writing  habits  and  should  be  avoided  wherever  possible.  It  is  impossible  for 
a  child  to  write  easily  with  a  fine  pen,  but  a  broad  smooth  pen  is  the  best  instrument 
for  all  school  writting. 

To  Train  in  Accuracy  of  Form: 

1.  There  should  be  a  carefully  written  copy  of  the  alphabets  as  given  in  the  copy 
books  at  the  top  of  each  blackboard. 

2.  The  teacher's  blackboard  writing  should  always  be  in  harmony  with  the  system 
taught,   and  should  be  a  model  of  simplicity  and  neatness.     The  importance  of  this 
cannot  be  over  estimated.    It  teaches  all  the  time. 

3.  Use  copy  books  regularly.     For  clearly  impressing  accurate  percepts  of  letter- 
forms  upon  the  mind,  nothing  can  take  the  place  of  the  copy  book.    A  sheet  of  prac- 
tice paper  may  be  kept  in  the  copy  book  and  the  copy  written  upon  that  until  approved 
by  the  teacher,  so  that  the  book  is  a  register  of  best  work.    In  going  through  the  book 
for  the  first  time  have  pupils  write  only  the  first  half  of  each  page.    The  second  half 
page  written  several  weeks  later  should  show  distinct  improvement. 

4.  Accept  no  careless  writing  in  connection  with  any  subject.    More  depends  upon 
the  writing  habit  the  child  forms  in  his  ordinary  writing  than  upon  the  special  lesson. 

5.  Keep  constantly  on  exhibition  some  of  the  best  written  exercises  of  each  grade, 
renew  the  material  frequently  and  arrange  to  exchange  samples  with  the  best  schools 
you  know. 

6.  Encourage  the  first  year  pupils  to  write  very  large  and  to  only  gradually  reduce 
the  size  from  year  to  year.     Let  them  make  print  like  forms  and  omit  inconvenient 
joining  lines  if  they  wish,  but  have  them  group  the  letters  closely  and  space  the  words 
well. 

To  Train  in  Freedom  and  Speed: 

1.  Pupils  should  sit  erect,  the  body  self-supported,  the  elbows  in  the  natural  posi- 
tion near  the  side  of  the  body  so  that  there  is  no  pressure  upon  the  forearm. 

2.  To  prevent  cramping  the  fingers  and  pressing  the  side  of  the  hand  upon  the 
desk  or  paper,  insist  upon  pupils  writing  with  the  fingers  well  up  from  the  point  of 
the  pen,  say  an  inch  and  a  half. 

3.  From  the  beginning  of  desk  writing  at  the  commencement  of  each  special  lesson 
have  pupils  write  large  on  practice  paper  for  two  or  three  minutes,  some  easy  word 
with  both  hand  and  arm  free  from  the  desk.     Follow  this  by  much  practice  with  the 
forearm  slightly  steadied  upon  the  desk  but  the  hand  free.    This  special  training  gives 
the  hand  control  necessary  for  freedom  in  vertical  writing. 

4.  In  the  fourth   or  fifth  year  begin  to  urge  pupils   to  rapidity  by  timing  them 
at  first  upon  an  easy  word  such  as  one,   and  or  the,  written  upon  practice  paper  to 
see  how  many  times  they  can  write  it  in  a  minute,  preserving  good  form.    In  higher 
grades  gradually  increase  the  difficulty  of  the  exercise  to  sentences  of  several  words. 
After  some  training  of  this  kind  pupils  using  the  natural  system  should,  in  the  fifth 
year  average  twenty-five  words  per  minute  and  in  the  eighth  year  upwards  of  thirty- 
five  and  should  perceptably  carry  the  power  so  developed  into  their  ordinary  work. 

NOTE.— Practice  paper  should  not  be  specially  ruled.  No  one  could  write  freely 
under  such  restrictions. 


117 


VOCAL  MUSIC. 

Use  some  such  books  as  Loomis'  II  and  III.  If  well  managed  the  lesson  in 
music  will  become  one  of  the  most  delightful  and  healthful  exercises.  Much  attention 
should  be  given  to  the  rudiments.  Practice  running  the  scale  daily.  Do  not  fail  to 
make  pupils  understand  how  to  determine  the  location  of  tone  one  on  the  staff  and 
how  to  read  and  sing  above  or  below  the  keynote.  Drill  on  pitch,  length,  and  force  of 
tones.  Show  place  of  accent  in  the  different  kinds  of  time.  Practice  counting  time, 
beating  time,  thinking  time.  Give  attention  to  position  of  body  and  of  organs  of 
speech,  and  to  securing  pure  tones.  Noise  is  not  music.  Sing  motion,  industrial,  devo- 
tional and  patriotic  songs.  The  industrious  teacher  will  succeed  in  teaching  music. 
It  is  not  necessary  that  teachers  be  good  singers  if  they  know  the  principles  and  are 
apt  in  directing. 

NATURE  AND  CULTURE  STUDY. 

The  first  natural  effort  of  the  child  is  to  interpret  the  material  world  with  which 
his  senses  come  in  contact.  The  process  begins  with  the  babe  and  never  ends.  Before 
the  child  enters  school  his  fund  of  knowledge  is  of  the  things  that  are  about  him  and 
with  which  he  comes  in  contact  from  day  to  day.  The  desire  to  go,  to  see  something 
new,  to  know  all  about  it,  that  which  we  sometimes  call  curiosity,  leads  naturally  to 
investigation.  The  teacher  who  can  wisely  guide  this  desire  has  an  easy  task  to  get 
and  to  keep  the  child's  interest  at  white  heat.  There  is  no  better  way  of  giving  pupils 
so  much  useful  knowledge  than  to  guide  them  through  nature's  storehouse.  While 
knowledge  is  a  result  of  observation,  it  must  not  be  considered  the  end.  The  acquisi- 
tion of  knowledge  should  be  a  means  to  an  end— the  development  of  the  faculties— the 
attainment  of  skill.  To  make  close  and  accurate  observations,  to  give  clear  and  terse 
expressions  are  the  two  best  results  of  study. 

It  is  not  claimed  that  the  following  outline  is  complete  or  the  best  that  may  be  made. 
It  is  full  enough  to  permit  the  teacher  to  select  that  material  which  is  nearest  at  hand 
and  with  little  or  no  expense.  Still  some  schools  will  be  able  to  do  all  of  the  work 
outlined  and  more.  It  is  hoped  that  every  teacher  will  take  up  the  work  and  do  as 
much  of  it  as  possible,  be  that  little  or  much.  Let  each  try  to  get  away  from  the  me- 
chanical presentation  and  to  catch  the  spirit  of  concrete  methods.  Pupils  will  imbibe 
it  from  the  teacher.  A  failure  to  interest  children  and  patrons  in  this  work  will  be 
due  more  largely  to  the  teacher's  inability  to  adjust  himself  to  it  than  to  any  supposed 
opposition  of  patrons  or  lack  of  appreciation  on  the  part  of  the  pupils. 

The  work  is  outlined  by  quarters  for  classes,  giving  to  each  class  enough  for  two 
years.  The  teacher  may  divide  the  work  for  each  class  and  give  only  half  of  it  in 
any  one  year;  but  it  is  deemed  a  better  plan  to  give  all,  if  possible,  in  one  year  and  to 
have  the  second  year  pupils  go  over  the  work  a  second  time.  There  will  always  be 
enough  that  is  new  in  the  subject  and  in  the  method  to  hold  the  interest  of  pupils  and 
make  the  work  more  thorough. 

Just  so  far  as  possible  correlate  the  literature  work  with  the  nature  study  so  that 
each  may  help  to  a  proper  understanding  and  appreciation  of  the  other.  It  will  be 
seen  by  reference  to  the  general  outline  and  to  the  daily  programme  that  one  period 
a  day  is  devoted  to  nature  and  literature  lessons.  The  teacher  should  alternate  these 
lessons  by  days  or  by  weeks.  It  will  frequently  be  better  to  combine  the  two  into  one, 
more  especially  when  the  literature  selected  has  its  setting  in  nature. 

Do  not  fail  to  make  every  lesson  a  lesson  in  language,  a  lesson  in  spelling,  a  lesson 
in  penmanship,  and  incidentally  connect  the  number  work  and  reading  with  it  all. 

CLASS  D.  FIRST  QUARTER. 

Plant  Life.  1.  Leaves.— Collect  at  least  a  dozen  kinds  of  leaves  found  in  the  vicinity 
of  the  school;  observe  the  forms,  sizes,  stems  and  veining  and  have  pupils  make  a 
drawing  of  each  kind.  Lead  the  children  to  observe  the  kind  of  plants  on  which  the 
leaves  grow;  the  location  of  the  plants  as  to  soil,  moisture,  etc.  Let  this  be  the  basis 
of  oral  and  written  language  lessons. 

2.  Fruits.— Apple,  peach,  orange,  lemon,  grape,  plum,  acorn,  hickorynut,  hazelnut, 
walnut,  pecan,  different  varieties  of  berries  both  wild  and  domestic.  Study  these  in 
comparison  as  to  form,  size,  color,  covering,  use,  how  gathered  and  preserved.  Do 


118 

not  neglect  to  select  and  read  in  connection  with  this  work  some  good  literature  bear- 
ing1 on  the  same. 

Animal  Life.  1.  Insects.— Grasshopper,  cricket,  katydid,  spider,  beetle,  fly,  ant,  butter- 
fly, etc.  Collect  and  keep  alive  in  bottles,  or  fruit  pars.  Study  them  as  to  size,  habits, 
food  (how  secured),  purposes  served,  relation  to  plant  life  and  to  other  animals. 

2.  Birds.— Robin,  quail,  woodpecker,  jay,  crow,  hawk,  chicken,  duck,  etc.;  study 
these  as  to  habits,  covering,  their  food,  how  used  by  man,  where  live,  how  rear  their 
young,  name  and  imitate  the  noise  made  by  each  under  different  circumstances. 

Physiology.— Parts  of  the  body:  Head  (eyes,  ears,  mouth,  tongue,  teeth,  nose,  hair): 
Trunk  (neck,  shoulders,  back,  breast,  abdomen,  hips);  Legs  (thigh,  knee,  shin,  ankle, 
foot,  toe,  nail);  Arm  (elbow,  forearm,  wrist,  hand,  fingers);  Study  these  as  to  care 
and  uses. 

Geography.—  Make  a  daily  record  of  the  weather,  observing  the  sunshine,  clouds,  tem- 
perature, rain,  dew,  frost,  winds,  length  of  shadows,  time  and  place  of  sunrise  and 
sunset,  the  moon,  its  phases  and  changes. 

Literature.— Many  lessons  in  the  first  and  second  readers  may  be  made  helpful  in  a 
proper  development  of  nature  study.  Classify  the  lessons  in  each  reader  as  to  what 
they  teach.  Select  for  use  in  the  school  room,  to  be  read  by  the  teacher  or  by  the 
pupils,  as  many  of  the  following  poems  as  possible:  "How  the  Leaves  Came  Down," 
"The  Grasshopper  and  the  Cricket,"  "The  North  Wind  Doth  Blow,"  "Little  Robin 
Redbreast,"  "The  Faded  Leaves,"  "The  Harvest  Moon,"  "North  Wind  and  Snow 
Princess,"  "Fruit  Song,"  "October,"  "October's  Bright  Blue  Weather,"  and  "The 
Flight  of  the  Birds." 

Secure,  if  possible,  the  following  books  for  constant  use  of  the  children:  Cyr's 
First  Reader  (Ginn  &  Company),  The  Hiawatha  Primer  (Houghton,  Mifflin  &  Com- 
pany), "From  September  to  June"  (Heath  &  Company),  "Our  Little  Book  for  Little 
Folks,"  (American  Book  Company). 

CLASS  C.  FIRST  QUARTER. 

Plant  Life.  Seeds.—  Make  a  collection  of  the  seeds  of  fruits,  grains,  grasses,  vege- 
tables, flowers  and  weeds  and  put  them  in  small  glass  bottles  properly  labeled.  Study 
them  as  to  size,  form,  parts,  uses,  value,  how  distributed,  etc. 

2.  Flowers.— Golden  rod,  Spanish  needle,  gentian,  chrysanthemum,  aster,  etc.  Col- 
lect, beautify  the  school  room,  and  write  compositions  about  them. 

Animal  Life.  1.  Insects.— Take  the  same  as  selected  for  "Class  D"  and  study  as  to 
structure  and  function  of  the  parts— make  drawings. 

2.  Birds.— Study  same  selections  as  in  "Class  D"  as  to  body,  beak  and  tongue,  eyes 
and  ears,  feet  and  legs,  wings  and  tail  and  the  adaptability  of  each  part  to  uses,  the 
different  colored  dresses,  etc. 

Physiology.  1.  Stomach  and  intestines:  Structure,  use,  care,  effects  of  alcohol  and 
tobacco.  How  food  gets  into  the  stomach,  effects  of  rapid  eating. 

2.  Food:    How  plants  and  animals  grow— variety  of  food  necessary,  animals,  vege- 
table and  mineral— effects  of  climate  on  necessary  food.    Compare  body  to  engine,  food 
to  fuel— alcohol  and  tobacco  not  food. 

3.  Teeth:    Classes,  growth,  uses,  care— effect  of  tobacco  and  gum  on  teeth  and  saliva. 
Geography  and  Field  Lessons.— Study  a  stream  and  develop  ideas  of  source,  mouth, 

banks,  course,  slope,  bed,  current,  velocity,  sand-bars,  peninsula,  isthmus,  cape,  bay, 
island,  etc.  Study  a  pond  and  a  hill  in  somewhat  the  same  way  as  the  stream— make 
map,  to  accurate  measurement  and  scale,  of  school  yard  or  other  selected  plat  of  land. 

Agriculture.  1.  Soils:  Collect  in  glass  jars  loam,  clay,  sand,  gravel:  Compare  as  to 
weight,  color  and  hardness;  ;  show  effects  of  water  on  each;  how  each  is  formed;  what 
animals  in  the  soil;  what  they  are  there  for.  Study  earth-worm,  cut- worm,  wire-worm, 
army-worm  and  various  kinds  of  bugs,  and  their  connection  with  soils  and  crops. 

2  The  Orchard:  Kind  of  fruit  adapted  to  locality,  climate  and  soil  considered-how 
planted-how  cared  for;  insects  of  the  orchard,  the  borer,  the  louse,  the  aphis,  cater- 
pillars and  moths;  diseases  of  fruit  trees  and  how  to  prevent  them-the  enemies  and 
friends  of  fruit  trees. 

Literature -Do  not  fail  to  make  every  lesson  in  the  third  reader  bearing  on  the  £ 
subjects,  help  to  teach  the  lesson.    Classify  the  lessons  of  the  reader  and  use  t 
the  time  they  will  be  most  helpful.     Study  every  lesson  in  the  reader  as  a  less 
literature     Pupils  should  do  more  than  learn  to  read.     They  should  "read  to  learn. 


119 

Write  following  selections,  one  at  a  time,  on  the  board,  let  children  copy  them  and, 
after  a  pretty  thorough  study  of  each  as  to  lesson,  thought,  and  beauties  of  expression, 
have  pupils  commit  them:  "Goldenrod,"  "Seedlings  on  the  Wing,"  "Chrysanthe- 
mums," "For  an  Autumn  Festival,"  "Autumn,"  "To  the  Fringed  Gentian,"  "Golden- 
rod  and  Aster,"  "Treasure  Boxes,"  "The  Brook,"  "To  the  Katydid."  Have  many  books 
for  the  children  of  this  class  to  read.  They  should  be  in  the  school  library,  owned  by 
the  pupils,  or  on  the  teacher's  desk:  "The  Story  of  Lafayette,"  and  "The  Stories  of 
American  History"  (Flanagan);  "Geographical  Nature  Studies,"  and  "Our  Shy  Neigh- 
bors" (American  Book  Company);  "The  Eugene  Field  Book,"  and  "The  Story  of  Odys- 
seus" (Scribner);  "Ten  Boys,"  and  "Cyr's  Third  Reader"  (Ginn  &  Company);  see 
list  of  recommended  books  in  library  list. 

CLASS  B.  FIRST  QUARTER. 

Plant  Life.  1.  Products  of  the  Farm:  Grains,  grasses,  fruits  and  vegetables.  Have 
pupils  tell  what  they  can  of  planting,  cultivating,  harvesting  and  marketing  each. 

2.  Roots  and  Rootlets:     Study  them  as  to  forms,  functions  and  uses  to  man. 
Stems:    How  grow.    Exogens  and  endogens.    Study  arrangement  of  leaves  and  buds 

on  stems  and  the  various  kinds  of  venation. 

3.  Constituents  of  Plants:    Amount  of  water  in  plants,  amount  of  solid  matter,  how 
determined,   etc. 

\nhnal  Life.  1.  Study  various  insects  as  to  digestion,  respiration  and  circulation  and 
•special  senses.  (Very  little  apparatus  is  necessary.  A  fruit  jar,  a  half  pint  of  alcohol, 
a  tin  can  top,  water,  thin  piece  of  cork,  a  needle,  a  knife,  and  a  strong  magnifying 
iglass  can  all  be  bought  for  one  dollar.) 

2.  Birds.— Their  food,  travels,  friends,  enemies  and  their  relation  to  man. 

Physiology.  1.  Study  the  five  senses,  test  sight,  hearing  and  touch  of  different  chil- 
dren; train  to  accurate  use  of  ears  and  eyes. 

2.  Care  of  the  body;  cleanliness  of  person  and  dress;  care  as  to  food  and  drink; 
positions  in  sitting  and  walking;  care  of  hair,  nails  and  teeth;  how  to  treat  simple 
ailments. 

Geography.  Teach  time  and  its  divisions;  directions,  distance,  art  of  making  accurate 
measurements  and  map  drawing  to  a  scale.  Teach  night  and  day  and  causes,  seasons 
and  causes.  Teach  use  of  the  sphere.  Explain  zones,  latitude  and  longitude.  Use 
Trland-McNally  Grammar  School  Geography  for  guide  and  reference.  Study  Missouri— 
liave  map  drawn. 

Agriculture.    1.  Soil:    How  till  and  improve:  how  prepare  for  different  crops. 

2.  Garden:  Have  children  name  twenty  garden  products  and  tell  what  part  of  each 
is  used  for  food;  classify  them  as  to  annuals,  biennials,  and  perennials;  enemies  of 
garden  crops. 

3.  Weeds:  What  are  they;  what  objection  to  them;  effect  on  soil  and  growth  of 
crops;  name  as  many  weeds  of  the  locality  and  give  as  many  qualities  of  each  as 
possible. 

Literature.  Study  following  selections  carefully  and  apply  them  to  the  work  in  hand: 
"'The  Flight  of  the  Birds,"  "Thistle  Sermon,"  "September,"  "The  Complaint  of  the 
Chrysalis,"  "Autumn  Leaves,"  "The  Planting  of  the  Apple  Tree,"  "The  Hidden  Light," 
-'The  Solitary  Reaper." 

The  following  books  are  recommended  as  classics  to  be  used  as  a  means  of  general 
-culture:  Church's  "Stories  of  Aeneid  and  Iliad"  (Maynard,  Merrill  &  Co.),  "Eggles- 
ton's  Stories  of  Great  Americans"  and  "of  American  Life"  (American  Book  Co.), 
-"Twelve  Naval  Captains"  and  "Hoosier  School  Boy"  (Scribner's),  "The  Story  of  the 
:Birds,"  "Story  of  Oliver  Twist,"  "On  the  Farm,"  and  "Uncle  Robert's  Visits"  (D.  Ap- 
pleton  &  Company),  "The  First  Book  of  Birds"  (Houghton,  Mifflin  &  Company);  see 
Hibrary  list. 

CLASS  A.  FIRST  QUARTER. 

Alternate  the  study  of  "Physiology"  (Baldwin's  Essential  Lessons)  and  "Practical 
Agriculture"  (James)  by  years.  In  this  way  seventh  year  pupils  will  study  first  one 
and  then  the  other.  It  matters  little  which  is  taken  up  first.  When  these  studies  are 
alternated  by  days  or  weeks,  with  literature,  a  year  to  each  is  not  too  much. 

Physiology.  Study  the  bones,  the  skeleton,  the  joints,  the  muscles  and  the  proper 
development  of  the  same  as  found  in  the  first  five  chapters  of  the  book.  Make  the 


120 

work  as  concrete  as  possible  by  bringing  into  the  school  the  necessary  parts  of  quad- 
rupeds to  illustrate  the  lessons. 

Agriculture.  1.  The  Plant:  Begin  with  the  seed  and  the  young  plant,  study  its  rela- 
tion to  water,  to  soil  and  to  air.  Note  structure,  growth  and  classification  of  plants. 

2.  Soil:  Nature,  origin,  tilling,  draining,  and  improving.  These  lessons  will  cover 
ten  chapters  in  the  book.  Take  the  children  to  nature  at  every  point.  Go  with  then* 
into  the  fields  or  bring  the  material  for  observation  into  the  school  room. 

Literature.  Have  class  study,  commit  and  recite  two  or  more  of  the  following- 
poems:  "Labor  is  Worship,"  "The  Heritage,"  "Great  Grandmother's  Garden."  and? 
"The  Cloud." 

The  following  classics  are  recommended  for  careful  study  as  literature  and  refer- 
ence: "Greek  Heroes,"  "Stories  of  English  People"  (American  Book  Company),  "Court- 
ship of  Miles  Standish,"  "Evangeline,"  and  "Carpenter's  North  America  and  Asia." 

CLASS  D.  SECOND  QUARTER. 

Plant  Life.  1.  Seed  Vessels.—  Direct  the  children  in  collecting,  in  small  boxes,  various 
kinds  of  seed  vessels.  Lead  them  to  observe  size,  shape,  how  attached  to  plant,  number 
and  shape  of  parts,  how  they  open,  number  and  arrangement  of  seeds  and  how  re- 
leased. 

2.  Vegetables.— Onion,  potato,  turnip,  squash,  cabbage,  pumpkin.  Study  size,  shape, 
where  they  grow,  how  gathered  and  how  preserved  for  winter. 

Animal  Life.  1.  Domestic  Animals.— Horse,  cow,  sheep,  goat,  hog.  Study  these  as  to> 
size,  color,  covering,  food,  means  of  defense,  and  uses  to  man. 

2.  Domestic  Fowls.— Chicken,  turkey,  goose,  duck,  guinea,  pigeon.  Study  these  as 
to  where  they  live,  food;  compare  as  to  feet  and  beaks  or  bills;  how  used  by  man. 

Physiology.  Give  special  lessons  on  care  of  eyes,  ears,  nose,  teeth,  hair  and  nails- 
Study  joints  as  to  kinds  of  motion  they  permit.  Study  bones  as  to  size,  structure, 
uses  and  shape. 

Geography.  Continue  the  daily  observations  as  in  First  Quarter.  Note  changes  in 
length  of  day  and  night;  cooling  of  the  earth,  sighing  of  the  winds,  fading  of  leaves, 
formation  of  dew  and  frost.  Begin  to  teach  direction  and  distance. 

Literature.  Read  or  have  pupils  read  and  memorize  the  following:  "November,'* 
"The  Setting  Sun,"  "The  Chestnut  Burr,"  "The  Pigeon  House,"  "The  Squirrels  Arith- 
metic," and  "The  Dance  of  The  Months.'.' 

CLASS  C.  SECOND  QUARTER. 

Plant  Life.  1.  Seed  Vessels.—  Make  a  collection  of  seed  pods  of  various  kinds,  acorn* 
cups,  nut  hulls  (hickory,  hazel,  walnut,  pecan),  chestnut  burrs,  etc.  Study  as  to  form, 
size,  use,  number  of  parts,  how  they  open,  cause  of  opening,  number  of  seeds  or  nuts? 
and  arrangement  in  the  vessel. 

2.  Fruits.— Winter  fruits;  how  gathered,  stored  and  preserved  for  winter  use. 

Animal  Life.  1.  Mouse,  rat,  rabbit,  squirrel,  fox,  raccoon,  opossum,  mink,  beaver. 
Study  as  to  where  they  live;  food,  how  procured;  which  ones  store  food  for  winter  use 
and  how  useful  to  man. 

2.  Fowls.— Study  same  selections  as  in  Class  D,  comparing  wild  species  of  turkey, 
goose,  duck,  pigeon  and  chicken,  with  the  tame,  as  to  size,  color,  where  they  live  and? 
food. 

Physiology.  Study  nose,  trachea,  lungs.  Breathing,  how  to  breath,  why  pure  air  is 
a  necessity,  effects  of  tight  clothing  and  effects  of  poor  ventilation. 

2.  Clothing.— Purpose,  kinds  to  retain  heat  and  keep  out  cold,  wind  and  rain;  shoes 
and  rubbers. 

Geography.  1.  Ideas  of  direction.— Using  rulers,  measure  distances  from  bench  to- 
wall,  width  of  door,  length  of  desk;  extend  this  work  to  yard,  guess  and  measure 
distance  from  home  to  school,  to  church,  to  mill,  to  postoffice. 

2.  Idea  of  Map.— Use  north  board:  Top  north;  bottom,  south;  right,  east;  and  left 
west.  Draw  figure: 


121 

Practice  on  recognizing-  directions. 

3.  Map  Drawing. — Draw  map  of  room,  grounds,  pastures  and  farms,  locating  various 
objects. 

Agriculture.  1.  Study  soil  as  adapted  to  growth  of  different  kinds  of  trees,  grains, 
grasses  and  vegetables.  Preparation  of  ground  for  planting  different  seeds. 

2.  Orchard.— Tree  planting,  preparation  of  ground,  how  to  plant,  when,  how  to  culti- 
vate and  prune. 

Literature.  After  a  careful  study  of  these  for  the  purpose  of  clearly  understanding 
them,  have  pupils  read,  memorize  and  recite  them,  showing  their  relation  to  the  nature 
lessons  as  already  given:  "Squirrels,"  "Oak  Tree,"  "Rabbits,"  "Down  to  Sleep,"  "A 
November  Good-Night,"  "The  First  Snow  Fall,"  "The  Raccoon"  and  "The  Gossip  of" 
the  Nuts." 

CLASS  B.  SECOND  QUARTER. 

Plant  Life.  1.  Stems.— Make  a  cabinet  of  various  kinds  of  wood,  collected  by  the  chil- 
dren and  prepared  by  the  boys  under  direction  of  teacher.  Study  as  to  grain,  strength., 
susceptibility  to  polish— show  rings  of  growth— old  wood,  new  wood  and  pores.  Enum- 
erate uses,  adaptability  to  different  uses. 

2.  Make  a  collection  of  buds  and  teach  the  preparation  the  plant  makes  for  winter. 
Show  leaf  buds  and  fruit  buds. 

Animal  Life.  I.  Insects.— Study  various  insects  in  regard  to  their  preparation  for  win- 
ter: Ants,  grasshoppers,  beetle,  squash  bugs,  silk  worm,  butterfly.  Make  a  collec- 
tion of  cocoons  and  other  winter  coats  and  put  them  away  for  spring. 

2.  Study  small  quadrupeds  as  to  structure.     Dissect  rabbit,   squirrel,   or  rat,   and 
study  clavicle,  dentition,  digestive  apparatus.     Compare  alimentary  canal  of  chicken 
or  turkey  with  that  of  a  hawk  or  an  owl. 

3.  Birds.— Classify  all  the  birds  of  the  vicinity,  using  form  of  feet  as  a  basis.     If 
possible,  procure  specimens. 

Physiology.  Study  structure  of  the  skin,  glands,  ducts,  pores,  etc.  Show  necessity 
for  frequent  bathing,  heavier  clothing,  effect  of  alcohol  on  the  skin. 

Bring  trachea  and  lungs  of  hog  or  other  animal  to  school  and  study  glottis,  epi- 
glottis, larynx,  vocal  chords,  bronchial  tubes.  Study  structure  of  lungs,  showing  air 
cells  and  blood  cells.  Show  how  blood  is  purified  in  lungs. 

Geography.  Altitude.— Effect  on  plant  life  and  animal  life.  Erosive  work  of  water 
and  frost.  Occupations  of  people  in  mountainous  countries.  Study  first  38  pages  of 
Rand-McNally  Grammar  School  Geography. 

2.  Study   (in  comparison)  torrid,  temperate  and  polar  regions  as  to  climate,  rain- 
fall, temperature,  etc.,  plant  life,  animal  life,  people,  their  intelligence,  industries,  etc. 

3.  Study:    Cotton,  corn  and  wheat,  outlining  the  belt  in  the  United  States  in  which 
each  is  best  grown  and  note  relation  to  altitude,  latitude  and  location  as  to  mountains 
and  oceans. 

Agriculture.  Soil.— Study  formation,  changes,  effect  of  cultivation,  effects  of  different 
kinds  of  crops,  wheat,  oats,  timothy,  clover,  turnips,  sorghum,  flax,  peas,  corn,  pump- 
kins, tobacco.  Classify  weeds  as  to  injurious  and  beneficial  properties.  Make  tables 
for  alternation  of  field  crops. 

Literature.  Study  the  following  selections.  Have  them  read  and  re-read;  lead  pupils 
to  note  the  relation  between  the  nature  lessons  and  the  following  selections: 

"Little  Nut  People,"  "A  Lesson,"  "Two  Wise  Owls,"  "Said  Tulip,  'That's  So,'  " 
"The  Wandering  of  the  Birds,"  "Columbia's  Emblem,"  "When  the  Frost  is 'on  the 
Pumpkin,"  "Thanksgiving  Selections,"  and  "The  Night  Before  Christmas." 

CLASS  A.  SECOND  QUARTER. 

Physiology.  1.  The  Blood:  Composition,  uses  coagulation  (Illustrate),  effects  of 
alcohol  and  tobacco. 

2.  Organs  of  circulation:     Heart  (Cavities,   valves,   channels  to   and  from,   action, 
capacity,  etc.),  arteries,  veins  and  capillaries.    Effects  of  alcohol  and  tobacco. 

3.  The  circulation:    Course,  effect  of  exercise,  disorders,  hemorrhage,  fainting. 
Agriculture.     The  crops  of  the  field:     The  grasses,  grain  crops,  leguminous  plants, 

roots,  tubers  and  other  crops.    Weeds:     Insects  of  the  field:     Diseases  of  plants  and 
rotation  of  crops. 


122 

Literature.  Study  the  following  selections:  "The  Corn  Song,"  "The  Cotter's  Satur- 
day Night,"  "The  Huskers,"  "Money  Musk,"  "Forest  Hymn,"  "For  A'  That,  and  A' 
That,"  and  Thanksgiving  and  Christmas  Selections. 

CLASS  D"  THIRD  QUARTER. 

Plant  Life.  Tell  pupils  how  to  prepare  sprouting  boxes  at  home.  Get  them  to  plant 
many  kinds  of  seeds  and  to  watch  the  growth  and  report  results  to  class. 

Animal  Life.  Where  are  different  wild  animals  getting  their  food?  Study  the  teeth 
•and  feet  of  cat,  dog,  cow,  horse,  rabbit  and  squirrel,  account  for  differences  found. 

Physiology.  Make  a  special  study  of  the  skin  and  its  appendages— hair  and  nails— 
and  how  to  care  for  them.  What  to  eat  and  drink?  Why?  Kinds  of  foods  and  drinks; 
cautions  as  to  quantity  and  temperature  of  foods  and  drinks. 

Geography.  Show  by  series  of  experiments,  evaporation  and  formation  of  clouds,  how 
dew  and  frost  are  formed,  expansion  of  air,  water,  iron  by  heating;  illustrate  the 
siphon.  Name  a  half  dozen  things  that  may  be  bought  in  grocery  store  and  have  chil- 
dren find  out  where  produced.  Talk  about  the  countries  and  people  who  live  in  each. 

Literature.  Have  pupils  read,  reproduce  and  finally  memorize  the  following:  "The 
Little  Artist,"  "The  Endless  Story,"  "Waiting  to  Grow,"  and  "Our  Heroes." 

CLASS  C.  THIRD  QUARTER. 

Plant  Life.  Have  children  prepare  sprouting  boxes  and  watch  germination  of  seeds. 
Observe  arrangement  of  buds  on  twigs. 

Animal  Life.  Arrange  all  the  animals  the  children  have  seen  into  orders  and  classes. 
Study  the  skeletons,  teeth,  feet,  breathing,  eating  and  sleeping  of  as  many  animals  as 
the  children  can  observe. 

Physiology.  Study  blood,  blood  making  and  organs  of  circulation,  heart,  arteries, 
;and  veins.  Have  chart  or  draw  on  board  the  circulatory  system  and  have  children 
trace  circulation  and  describe  the  organs.  Show  what  effect  exercise  has  on  the  flow 
of  blood.  Explain  cause  of  cold  feet.  What  is  fever.  Explain  pulse  and  how  to  treat 
•cuts  and  bruises. 

Geography.  Make  a  relief  map  of  North  America  on  moulding  board  or  out  in  the 
yard.  A  plat  of  ground  ten  or  twenty  feet  square  may  be  marked  off  in  outline  for 
North  America,  and  elevation  and  drainage  shown  by  digging  out  around  margin,  ex- 
-cavating  valleys  and  piling  up  mountains.  State  of  Missouri  may  be  studied  in  same 
way.  Study  countries  which  produce  well  known  products;  how  produced  and  some- 
thing of  the  people. 

Industries.  Study  from  books  or  from  observations,  many  important  industries 
•or"  our  state:  mining  lead,  zinc,  coal,  building  stone;  lumbering;  brick  making;  pottery; 
fruit  canning;  blacksmithing;  wagon  making. 

Literature.  Have  pupils  study  and  memorize  the  following:  "The  Heritage,"  "Epi- 
taph on  a  Hare,"  "Help  One  Another,"  and  "Three  Trees."  These  selections  correlate 
nicely  with  the  work  indicated  above. 

CLASS  B.  THIRD  QUARTFR. 

Plant  Life.  Make  list  of  seeds  used  as  food  and  discuss  the  preparation  of  different 
Tcinds  and  the  various  ways  in  which  they  are  used.  Make  lists  of  roots  used  as  food 
and  how  used. 

Animal  Life.    Same  as  Class  C  for  this  quarter. 

Physiology.    Study  circulation,  the  organs,  composition  of  blood.    Illustrate  osmosis. 
Teach  treatment  of  cut  arteries.    How  stop  bleeding  at  nose.    In  killing  hogs  and  other 
animals  for  food,  why  bleed  them?     Should  a  fowl's  head  be  cut  off  or  wrung  off? 
Wrhy? 

Geography.  While  a  text  book  is  not  necessary,  schools  in  which  the  pupils  have 
Rand-McNally  study  from  the  book— pp.  39-101.  This  includes  a  thorough  study  of 
North  America,  the  United  States  and  the  different  sections  of  the  United  States. 
•Good  wall  maps  are  almost  a  necessity.  Have  children  make  picture  charts  by  collect- 
ing and  pasting  geographical  pictures  on  large  sheets  of  manilla  paper  for  use  of  class. 

Literature.  Get  Carpenter's  North  America  and  study  it,  both  for  help  in  geography 
-and  as  literature. 

CLASS  A  THIRD  QUARTER. 

Physiology.  Study  respiration  and  digestion  as  found  in  Baldwin,  pp.  69-117,  and 
supplement  it  with  Stowell's  or  other  good  books. 


123 

Agriculture.  Study  part  V  of  James— concerning  horses,  cattle,  sheep,  swine,  poultry, 
milk  and  its  products.  Comparison  of  plant  and  animal  structure  and  proper  foods  for 
animals. 

CLASS  D.  FOURTH  QUARTER. 

Plant  Life.  Have  pupils  report  changes  in  plants  which  they  see.  Study  sprouting, 
"budding,  etc.,  and  the  conditions,  flow  of  sap,  growth  of  leaves  and  flowers.  Study 
leaves  and  flowers  to  name  parts. 

Animal  Life.  Have  children  report  the  re-appearance  of  animals  in  spring.  Where 
have  insects  been?  Name  the  birds  as  they  come.  Where  nest  and  how  make  nests. 
-Change  in  covering  of  horses,  cattle  sheep,  etc. 

Physiology.  Study  joints,  tendons,  muscles  and  how  the  body  is  moved.  Show  fer- 
mentation. Explain  effects  of  fermented  and  distilled  drinks  on  muscles.  Show  by 
putting  animal  flesh  in  alcohol. 

Geography.  Note  effects  of  freezing  and  thawing  on  the  roads,  on  the  farm  and 
-along  the  streams.  Make  observations  as  to  sun,  moon  and  stars,  and  compare  records 
toy  week  or  month.  Keep  record  of  rainy  and  clear  days. 

Literature.  Use  following  selections  in  the  way  to  impress  other  lessons  and  to  inter- 
est the  children:  "Good-Night  and  Good  Morning,"  "The  Blue  Bell,"  "Birds'  Nests," 
""Waiting  for  May"  and  "Pussy  Willow." 

CLASS  C.  FOURTH  QUARTER. 

Plant  Life.  Study  trees  of  the  locality,  their  budding,  blooming,  etc.  Study  flowers 
as  to  parts.  Familiarize  pupils  with  a  large  range  of  native  flowers  as  to  their  names, 
•differences  and  habitat. 

Animal  Life.  Tadpoles,  frogs,  crawfish;  the  insects  of  the  season  and  where  they 
•come  from.  Make  lists  of  birds  of  the  locality  and  study  their  structure  and  habits. 

Physiology.  Teach  children  lessons  on  brain,  nervous  system  and  the  special  senses 
of  seeing,  hearing,  smelling  and  tasting  and  the  organs  of  each. 

Geography.  In  the  spring  months  is  good  time  to  take  the  children  to  nature  to 
•study  different  earthy  formations  and  to  study  changes  in  weather  and  the  effects  on 
all  nature.  Study  climate— its  causes  and  effects. 

Agriculture.  Study  the  garden  more  especially;  preparation  for  planting  different 
kinds  of  garden  products,  when  to  plant,  etc.  Study  flowers  and  how  to  care  for  them; 
"house  plants,  yard  or  garden  flowers.  Discuss  plowing,  sowing  seeds,  and  corn  plant- 
ing. What  to  be  done  for  the  fruit  trees,  etc.  Study  effects  of  rain. 

Literature.  This  is  the  season  of  all  seasons  for  fine  poetry.  Study  and  memorize  as 
•much  as  possible.  "Spring,"  "Learn  a  Little  Every  Day,"  "The  Little  Brown  Seed," 
"'The  Bluebird,"  "The  Sunbeams,"  and  "The  Yellow  Violet." 

CLASS  B.  FOURTH  QUARTER. 

Geography.  It  is,  perhaps,  best  to  spend  the  entire  time  allotted  to  nature  and  cul- 
ture study  for  this  quarter,  to  geography  and  literature  bearing  upon  it.  Study  the 
text— pp.  102-157. 

Literature.  By  all  means  secure  Carpenter's  Asia  and  South  America  to  supple- 
ment the  geography.  It  will  add  greatly  to  the  interest  and  to  the  knowledge 
Imparted.  , 

CLASS  A.  FOURTH  QUARTER. 

Physiology.  Baldwin,  pp.  118-169.  The  skin,  nervous  system  and  the  sense  organs. 
The  teacher  should  have  several  more  advanced  books  for  use  of  pupils. 

Agriculture.  James'  Part  IV;  treats  of  the  garden,  the  orchard  and  the  vineyard. 
His  part  VI  treats  of  bees,  birds,  forestry,  roads,  and  how  to  make  a  country  home. 
•Supplement  this  work  with  a  study  of  industries  in  different  countries  of  the  world, 
•more  especially  industries  related  to  agriculture. 

Literature.    Read  "The  Deserted  Village,"  in  connection  with  agriculture. 

LIBRARIES   AND   SUPPLEMENTARY   READING. 

In  order  to  respond  intelligently  to  the  many  requests  for  lists  of  books  suitable  for 
•school  libraries  and  supplementary  reading,  a  State  Library  Board  has  been  appointed 
to  select  and  classify  books,  suitable  for  the  different  classes,  to  supplement  the  work 
in  nature,  literature,  geography  and  history.  In  their  report,  which  follows,  the  abbre- 


124 

viations  immediately  following  the  title,  indicate  the  line  of  work  and  class  to  which* 
each  book  is  adapted. 

For  further  information  concerning  these  books  address  your  county  commissioner 
or  the  secretary  of  the  Board. 

LIBRARY   BOOKS. 

1.  AMERICAN  BOOK  COMPANY: 

*Lane's  Stories  for  Children,  Nat.  D ...25c 

*Payne's  Geographical  Studies,  Nat.  C 25c 

•"Holder's  Stories  of  Animal  Life,  Nat.  B 60e 

"Dana's  Plants  and  their  Children,  Nat.  A ..!65c 

Baldwin's  Old  Stories  of  the  East,  Lit.  B 45c 

*Holbrook's  Round  the  Year  in  Myth  and  Song,  Lit.  B 60c 

Johonnot's   Stories   of  Olden  Times,   Lit.   A 40c 

Cathcart's  Seven  American  Classics,  Lit.  A 50e- 

*Carpenter's  North  America,  Geog.  B 60c 

Carpenter's  South  America,  Geog.  B 60c- 

*Carpenter's  Asia,  Geo.  B 60c 

Eggleston's  Great  Americans  for  Little  Americans,  Hist.  D 40c 

*Baldwin's  Fifty  Famous  Stories  Retold,  Hist.  C 35c~ 

*Guerber's  The  Story  of  the  Romans,  Hist.  B 60c 

Guerber's  Story  of  the  Thirteen  Colonies,  Hist.  B 65c 

*Guerber's  Story  of  the  Great  Republic,  Hist.  A t...65c 

Guerber's  Story  of  the  Chosen  People,  Hist.  C 60c- 

*These  books  are  recommended  for  a  good  $5.20  library. 

2.  EDUCATIONAL  PUBLISHING  COMPANY: 

*Davis'  Animals,  Wild  and  Tame,  Nat.  D 30c 

*Welch's  Some  of  Our  Friends,  Nat.  D 30c 

*Beckwith's  In  Mythland,  Lit.  D 30c 

Dicken's  Little  Nell,  Lit.  C 40c 

*Robinson  Crusoe,  Lit.  C 25c 

*Brook's  Stories  of  Red  Childen,  Geog.  D 30c 

*Kirby's  Aunt  Martha's  Corner  Cupboard,  Geog.  C 30c 

Chase's  Story  of  Industry,  Vol.  1,  Geog.  B 40c- 

Chase's  Story  of  Industry,  Vol.  II,  Geog.  B 40c 

*Davis'  U.  S.  Stories  for  Youngest  Readers,  Hist.  D 30c 

Kelley's  Leaves  from  Nature's  Story— Book  I,   Nat.   C 40c 

Kelley's  Leaves  from  Nature's  Story— Book  II,  Nat.  C 40c- 

Kelley's  Leaves  from  Nature's  Story— Book  III,  Nat.  C 40c 

*Keysor's  Great  Artists,  Vol.  I,  Biog.  C 50e 

*Keysor's  Great  Artists,  Vol.  II,  Biog.  C «....50e 

Stories   of   Old   Germany,    Lit.    B 40c 

*Lamb's  Tales  from  Shakespeare,  Lit.  A 40e 

*These  books  are  recommended  for  a  good  $3.45  library. 

3.  D.  C.  HEATH  &  COMPANY: 

*Bass'  Animal  Life,  Nat.  C...  35c 

*Bass'  Plant  Life,  Nat.  D 25c 

*Warren's  From  September  to  June,  Nat.  D 35c- 

*Grinnell's  Our  Feathered  Friends,  Nat.  C 30c 

*Miller's  My  Saturday  Bird  Class,   Nat.   C 25c- 

*Spear's  Leaves  and  Flowers,  Nat.  C 25c- 

Wright's  Seaside  and  Wayside,  Vol.  Ill,  Nat.  B 50c 

Wright's  Seaside  and  Wayside,  Vol.  IV,  Nat.  B 60c 

Brown's  Alice  and  Tom,   Geog.   C 40c- 

Firth's  Stories  of  Old  Greece,  Hist.  C 30c 

*Kupfer's  Stories  of  Long  Ago,  Hist.  B 35c- 

Dole's   American   Citizen,    Civics   A 90c- 

*These  books  are  recommended  for  a  good  $2.10  library. 

4.  GINN  &  COMPANY: 

Burt's  Nature  Studies,  Vol.  I,  Nat.  D 25c 

*Andrew's  Seven  Little  Sisters,  Geog.  C 50c- 

*Andrew's  Stories  Mother  Nature  Told  her  Children,  Nat.  C oOc 

*Andrew's  Ten  Boys,  Geog.  B 50c- 

Stickney's  Earth  and  Sky,  Geog.  D 30c 

"•Church's  Stories  of  the  Old  World,  Hist.  A 50c 


*These  books  are  recommended  for  a  good  $2  library. 
5.    SILVER,  BURDETT  &  COMPANY: 


*Love joy's  Nature  in  Verse,  Lit.  C.. 


.60c 


Lovejoy's  Poetry  of  the  Seasons,  Lit.  B we- 

Foulke's  Braided   Straws,   Lit.   D • *"c" 

*Dunton's  First  Lessons,   Geog.  D 9*£ 

*Dunton's  Glimpses  of  the  World,  Geog.  C g*£ 

*Wallace's  Through  the- Year,   Vol.   I,   Lit.   D 36c 

•"Wallace's  Thorugh  the  Year,  Vol.  II,  Lit.  C «»£ 

Wallace's  Land  of  Song,  Vol.  I,  Lit.  B JoX 

Wallace's  Land  of  Song,  Vol.  II,  Lit.  B *g 

Wallace's  Land  of  Song,  Vol  III,  Lit    A... jg£ 

Voorhees'  First  Principles  of  Agriculture,   Nat.  A < 

•These  books  are  recommended  for  a  good  $2.04  library. 


125 

€.    D.  APPLETON  &  COMPANY: 

Seawell's  Little  Jarvis,  Lit.  C $1.00 

*Parker's  Playtime  and  Seedtime,  Geog.  D 32c 

*Parker's  On  the  Farm,  Geog.  C 42c 

*Parker's  Uncle  Robert's  Visits,   Geog.   B 50c 

Baskett's  The  Story  of  the  Birds,  Nat.  A 65c 

Baskett's  The  Story  of  the  Fishes,  Nat.  B 65c 

*James'   Practical  Agriculture,   Nat.  A 80c 

*These  books  are  recommended  for  a  good  $2.04  library. 

7.    SCRIBNER'S  SONS: 

*The  Eugene  Field  Book,  Lit.  C 60c 

Stockton's  Fanciful  Tales,   Lit.   C 60c 

*Eggleston's  The  Hoosier  School  Boy,  Lit.  B 60c 

*The  Odysseus,   Lit.   B 60c 

Poems  of  American  Patriotism.   Hist.  A 60c 

Twelve  Naval  Captains,  Hist.  B 60c 

«.    HOUGHTON,  MIFFLIN  &  COMPANY: 

"•Hawthorne's  Little  Daffydowndilly  and  other  Stories,  Lit.  B...  40c 

*Holbrook's,    The   Hiawatha    Primer,    Lit.    D 32c 

Wiggin's  Story  of  Patsy  (Primary)  Lit.  C 60c 

Warner's  Being  a  Boy,  Lit.  B $1.25 

Thome's  First  Book  of  Birds,  Nat.  C 1.00 

9.    WERNER  COMPANY: 

Four  American  Naval  Heroes,  Hist.  C 50c 

Four  American  Patriots,   Hist.   B 50c 

Four  Great  Americans,   Hist.   A 50c 

*Four  American  Poets,  Lit.  A 50c 

10.    A.  FLANNAGAN: 

*Three  Little  Lovers  of  Nature,  Nat.  C...  ...35c 

The  Story  of  Lafayette,   Hist.  C 30c 

Life  of  Columbus,  Hist.  B 30c 

Lives  of  Presidents.  Hist.  B 50c 

*Great  American  Industries,  Vol.  I.  Geog.  B 50c 

*Great  American  Industries,  Vol.  II,  Geog.  B 50c 

The  entire  list  of  books  recommended  numbers  91,  and  can  be  purchased  for  $44.30. 
Those  books  starred  (45  in  all)  will  cost  $20.10.  The  23  books  starred  for  the  publishers 
numbered  1,  2,  8  and  9,  and  the  22  starred  for  publishers  numbered  3,  4,  5,  6,  7  and  10 
«ach  make  a  good  library  which  can  be  purchased  for  about  $10  (the  former  for  $9.87  and 
the  latter  for  $10.23).  Either  combination  is  a  good  one;  the  former  has  a  little  more' 
history  and  the  latter  a  little  more  geography.  The  following  series  of  books  are 
recommended  for  the  library  or  supplementary  reading.  They  can  be  bought  in  sets 
or  singly: 

Baldwin's  Readers  by  Grades  (A.  B.  C.);  Cyr's  Supplementary  Readers  (Ginn); 
Oilbert's  Stepping  Stones  to  Literature  (S.  B.  and  C);  William's  Choice  Literature  (B. 
8.  &  Co.);  Heart  of  Oak  Books  (Heath);  Rational  Method  in  Reading  (S.  B.  &  Co.). 

LITERATURE  TO  BE  CAREFULLY  STUDIED. 

We  also  recommend  that  the  following  literature  be  carefully  studied  by  grades: 
(Nearly  all  publishers  can  furnish  these  books;  editions  varying  in  price  from  5c  to  25c.) 

Class  D:  Selections  from  Aesop's  Fables,  Nos.  1  and  2;  Flower  Friends,  Nos.  1 
and  2. 

Class  C:  Selections  from  Grimm  Nos.  1  and  2;  Stories  and  rhymes  of  Woodland, 
Nos.  1  and  2. 

Class  B:  Hawthorne's  Three  Golden  Apples;  Audubon;  Legend  of  Sleepy  Hollow; 
King  of  the  Golden  River. 

Class  A:    Evangeline;  Deserted  Village;  Vision  of  Sir  Launfal;  Merchant  of  Venice. 

STATE  LIBRARY  BOARD. 

Sup't.  G.  V.  Buchanan,  Sedalia,  Chairman, 
Ass't.  Sup't.  L.  J.  Hall,  Jefferson  City,  Sec'y., 
Pres.  W.  S.  Dearmont,  Cape  Girardeau, 
Miss  O.  A.  Parrish,  Kirksville, 
Miss  Jessie  Sanderson,  Kansas  City. 


INDEX. 


APPORTIONMENT     OF    PUBLIC 
MONEYS-  Sec. 

errors,  how  corrected 9841 

how  made,  how  lost 9840 

BLIND,  clerk  to  certify  names 9770 

BONDS,  to  erect  school  house 9752 

funding,  refunding,  renewals 9754 

levy  to  meet  interest 9758 

no  commission  allowed  for  sale. ..  9755 

redeemed,  how  destroyed 9756 

sinking  fund  to  pay 9757 

BOUNDARY  LINE,  appeal  cases..  9742 

change,  dist.  in  two  counties 9747 

change;  when,  where  voted  upon.  9750 
clerk  to  furnish  copy  of  changes. .  9794 
CENTRAL     HIGH  SCHOOL,    how 

formed 9773 

CERTIFICATES,  examination  for.  9958 

9967 
9959 
9S5(> 
9965 


granting  illegally,  penalty 
indorsed,  from  another  county 


issued  by  State  Superintendent. . 

normal  diplomas,  in  lieu  of 

qualifications  necessary 9958 

revoked,  how 9960 

three  grades  by  institute  board . . .  9958 
to  colored  teachers,  how  issued. ..  9964 
COLORED  SCHOOLS,  discontinue, 

when 9775 

»    how  establish,  when 9775 

joint  school  for  two  districts 9775 

right  to  attend  other  school 977R 

school  building,  how  obtained —  9775 

school  controlled  by  board 9775 

separate  schools  provided 9774 

CONDEMNATION,  site  for  build- 
ing      9772 

CONTAGIOUS  DISEASE 9765 

CONTRACT,  TEACHER'S  annull- 
ed, how 9767 

board  cannot  dismiss  teacher 9767 

how   made,  ordered,  signed,    at- 
tested   9766 

how  construed 9767 

rules  and  regulations,  part  of 9767 

teacher  must  hold  certificate 9766 

void  when  house  is  destroyed 9767 

COUNTY  CLERK,    apportionment 

of  funds 9840 

certify  blind  children 9770 

as  to  deaf  and  dumb  children. . .  9770 
certificate  of  election  (Co.  Com'r).  9803 
compensation    for     making    tax- 
book 9844 

to  report  to  State  Superintendent.  9846 
COUNTY  COLLECTOR  to   collect 

taxes 9847 

to  return  delinquent  lists 9848 

COUNTY   COMMISSIONER  revoke 

certificate 9960 

compensation,  report  to  State  Su- 
perintendent   9809 

constitutes  institute  board,  when.  9958 
duty  in  matters  of  boundary  line.  9747 
duty,  boundary  line,  new  districts  9742 

election  of,  how  and  when 9750 

examination  of  teachers,  fees,  etc.  9958 
expense  of,  for  postage,  how  paid.  97a5 

may  endnr«p  certificate,  when 9959 

may   examine   colored   teachers, 
when 9962 


Page 
63 
62 
27 
15 
17 
19 
18 
18 
19 
6 

10 
11 
45 


1)5 


COUNTY  COMMISSIONER  —  Con- 
tinued— Sec.  Page 

members  of  institute  board,  pay.  9958  8£ 

office  of,  created,  election  of 9803  47 

qualifications  of 9803  47 

results  of  election,  how  certified. .  9804  48 

returns  of  election,  how  cast  up..  9803  47 

to  appoint  directors 9762  21 

to  report  to  State  Superintendent  9808  50 

to  supply  blanks  and  laws 9785  40 

same 9808  50 

to  act  as  superintendent,  when. . .  9810  50- 

vacancy  in,  filled  by  governor 9803  47 

vote  for  district  in  two  counties. .  9803  47 

COUNTY     COURT,    custodian   of 

fund 9829  58 

has  jurisdiction  over  funds 9826  57 

loan  of  county  school  fund 9823  5ft 

may  require  funds  invested 9792  44 

not  to  loan  funds,  when 9825  57 

to  appoint  institute  board 9964  8ft 

to  loan  district  school  funds 9838-39  62 

to  loan  township  school  f nnds 9831  59 

same 9837  61 

to  transfer  school  fund,  when 9830  58 

COUNTY    SUPERVISION,     adop- 
tion of 9810  50 

institute  law  not  applicable 9968  75 

superintendent,  duties,  salary —  9811  51 

COUNTY  SUPERINTENDENT,  com- 
pensation   9813  52 

duties,  election,  oath,  bond 9811-12  51 

COUNTY     TREASURER,     settle- 
ment   9850  66 

compensation.  9849  66 

duties  as  to  school  funds 9789  42 

duties  as  to  school  moneys 9849  66 

failing  to  make  settlement 9851  67 

report  of,  to  county  court 9793  45 

shall  not  honor  warrant,  when...  9790  4& 

shall  collect  school  moneys 9827  58 

DAY,  week,  month  and  year 9781  37 

DIRECTORS,  duty  as  to  territory..  9740  5 

duty  to  visit  schools 9768  27 

duty  as  to  estimate 9771  28 

duty  to  colored  children 9775  31 

same 9776  33 

election  of 9739  4 

employment  of  teacher,  by 9766  24 

guilty  of  misdemeanor,  when 9797  45 

has  no  power  to  dismiss  teacher. .  9767  26 
has  care  and  keeping  of  property.  9763 

may  remove  district  clerk 9769  27 

may  refuse  to  pay  teacher 9767  26 

may  exclude  pupil,  when 9765  24 


may  admit  non-resident  pupils. ..  9764 
may  issue  bonds,  proceedings 


9754 


may  borrow  money,  issue  bonds..  9752 

may  condemn  land  for  site 9772 

may  not  employ  member  to  teach  9766 
not  entitled  to  compensation.   ...  9761 

oach  of,  when  taken 9760 

one  chosen  by  ballot  annually 9750 

organized,  when  and  how 9761 

power  to  transfer  fund 9789 

president,   signature  with  treas- 
urer   9788 

pupils  suspended  or  expelled 9764 

qualifications  of  members 9759 

shall  forward  estimates 9751 


17 

15 
29 
24 
20 
20 
11 
20 
42 

41 
2:] 
19 
15 


II 


INDEX. 


DIRECTORS—  Continued  Seo. 

special  meet  ings,  how  called  ......  97615 

to  continue  school  six  months  —  !>;:>i 
title  to  property  vested  in  .........  9852 

provide  for  colored  children  ......  977."> 

vacancy,  how  filled  .................  9762 

DISTRICT,  appeal  to  county  com- 

missioner ........................  '.'74:.1 

'  body  corporate,  name  of  ..........  9739 

body  corporate,  how  lapsed  .......  9741 

certain  districts  exempt,  when...  9742 

same  .............................  9743 

changing  boundary  lines  of  .......  9742 

division  of  property  ...............  9746 

same  ..............................  9747 

formed  from   unorganized  terri- 

tory ................................  9740 

may  sue  and  be  sued  ,  how  .........  9739 

may  hold  and  sell  property  ........  9739 

organization  of,  notice  ............  9740 

DISTRICT  CLERK,    director  may 

art  .......  ..........................  9761 

duty  of,  as  to  notice  ...............  9742 

1101  fees  of  school  meeting  ..........  9787 

duty  of,  general  ...................  9784 

duty  of  ,  treasurer's  statement...  9795 
enter     decision     of     arbitration 

board  ..............................  9742 

how  chosen,  compensation  ........  9761 

must  certify  result  of  election  —  9804 
removal  of  ..........................  9769 

return  teacher's  certificate  .......  9766 

record  of  redeemed  bonds  .........  9756 

shall  record  reports,  plat  ..........  9794 

shall  certify  rate  of  levy  ..........  9777 

teacher  cannot  act  as  ..............  9766 

to  keep  record  special  meetings..  9781 
to  furnish  teacher  record  ..........  9786 

to  draw  warrant  for  indebtedness  9788 
to  sign  and  keep  record  of  bonds..  9754 
to  record  oath  of  directors  ........  9760 

ELECTION,    of    county     commis- 

sioner ..............................  9803 

certificate  of,  vote,  how  cast  up..  9804 
ENUMERATION  LISTS,  how  and 

when  made,  contents  ............  9770 

EXAMINATION,  for  certificates..  9958 
FUND,  apportionment  of  ............  9840 

county  court  custodian  ............  9829 

jurisdiction  over  county  funds.  .  .  9826 
county  school  fund  collected  ......  9827 

different  funds,  how  kept  ..........  9789 

estimates  to  sustain  school  ........  9771 

for  institute  created  ...............  9963 

how  distributed,  township  in  two 

counties  ...........................  9843 

loan  of  district  school  funds  .......  9838 

same  ...............................  9839 

township  school  funds  .............  9831 

same  ...............................  9837 

county  school  funds  ................  9824 

prohibited  to  whom  ................  9825 

school  moneys,  how  applied  ......  9790 

transfer,  one  fund  to  another  .....  9789 

when  county  lines  are  changed.  ..  9830 

township  fund,  how  constituted  ..  9828 

INDEBTEDNESS  of  district  ........  978;) 

INSTITUTE,  board  of  examiners..  985s 

same  ............................... 

certificates,    3    grades,     require- 

ments ............................  9958 

from   another  county,  how   in- 
dorsed ............................  9959 

how  revoked  ......................  9960 

illegal  graining,  penalty  ........  9967 

commissioner  to  keep  record  of.  .  .  9958 

may  revoke  certificate  ...........  9960 

conductors  of,  compensation  ......  9957 

course  of  study,    branches  .........  9961 

established  ..........................  9957 

fund  for,  created,  in  each  county.  9963 
institute  board,  how  appointed.  ..  9964 
institutes  for  colored  teachers  —  9962 
law  not  to  apply,    when 
law  as  to  normal  certificates 
money  paid  by  colored  teachers  . 
state  superintendent  make  rules 
teacher's  duty  to  attend  ...........  9803 

teachers  not  attending,  examined  9958 
time  and  place,  length  of  term  —  9957 


24 


9859       83 
82 


9967 
9965 
9963 
9966 


Sec.  Page 

LOAN,  of  district  school  fund 9838-39  62 

of  township  school  fund 9831       59 

same 9837       61 

of  county  school  fund 9823       56 

same 9825       57 

to  erect  school  house 9752       15 

same 9753       17 

MEETING,    annual,   when,  where, 

powers 9749       11 

calling  of,  to  form  district 9739         4 

of  board  to  employ  teachers 9766       24 

special  meeting  of  board 9766       24 

special  school  meeting 9780       36 

when  district  in  two  counties 9747       10 

MISDEMEANOR,    false    enumera- 
tion    9770       27 

permitting  use  of  books  not  adopt- 
ed      9980 

injuring  school  property 9783 

neglect  of  duty  by  officers 9783 

parents  guilty,  when 9765 

teachers  and  directors  guilty 9797 

to  violate  law  as  to  loan  of  funds..  9835 

as  to  collection  of  funds 9827 

NOTICE,  annual  or  special   meet- 
ing    9787 

giving  of,  by  commissioner 9742 

how  given,  for  special  meeting —  9778 

of  election  to  increase  tax 9779 

of  first  meeting  in  new  district. . . .  9748 

required  in  selection  of  site 9750 

to  change  boundary  line 9743 

to  divide  dist. ,  form  new  dist 9742 

to  attach  to  other  district 9747 

ORGANIZATION,  how  forfeited....  9741 

of  school  district,  etc 9740 

same 9742 

PHYSIOLOGY    AND     HYGIENE, 

instructions 9799 

PROPERTY,    division,    district  in 

two  counties 9747 

how  divided,  new  dist.  formed  —  9744 

same 9746 

injury  of,  a  misdemeanor 9783 

PUBLIC  SCHOOL  FUND,   account 

kept 9820 

duties  of  state  treasurer 9823 

entitled  to  what  moneys 9819 

how  apportioned,  by  State  Supt..  9840 
investment,  moneys  belonging  to.  9822 

loss  of,  right  to,  by  district 9840 

PUPIL,  apprentices  may  attend —  9764 

examination  of,  by  physician 9765       24 

non-residents,  how  admitted 9764       23 

orphans  may  attend 9764       23 

suspended  or  expelled 9764       23 

unlawful  to  attend  school,  when  .  9765       24 

who  may  enter  high  school 9773       29 

QUALIFATIONS  of    county  com- 
missioner   9803 

of  director 9759 

of  State  Superintendent 9855 

of  voter  at  school  meetings 9759 

RE  PORT,  county  clerk  to  make. ...  9846 

county  commissioner  to  make 9808 

county  treasurer  to  make 9793 

state  superintendent  to  make 9858 

state  board  of  education  to  make..  9818 
teacher  to  make  monthly,  term..  9808 
SCHOOL  BOOK  LAW,   books  to  be 

used 9979 

not  applicable  to  certain  cities. . .  9980 

penalty  on  directors,  when 9980 

to  distribute  law,  instructions....  9981 
SCHOOL  HOUSE,  for  colored  chil- 
dren   9775 

directors   may  borrow  money  to 

erect 9752 

have  care  and  keeping  of 9763 

increase  of  tax,  election 9778 

may  be  used  For  other  purposes. ..  9763 
site,  how  changed,  rate  to  pur- 
chase   9750 

SINKING  FUND,  how  created 9753 

loaning  of,  by  board 9791 

tax  levy,  to  create 9757 

used   to  redeem  6  per  cent  war- 
rants    9792 

when  fund  maybe  invested 9757 


Ill 


INDEX. 


Sec.  Page 
STATE   AUDITOR,    duties   as   to 

funds 9821 


to  pay  apportionment 9822 

to  keep  account  of  fund 9820 

-STATE  BOARD  OF  EDUCATION, 

duties  of 9815 

may  employ  attorney.... 9817 

members  of 9814 

report  of,  to  General  Assembly. . .  9818 

to  prepare  course  of  study 9961 

to  ascertain  disposition  of  funds..  9816 
STATE  SUPERINTENDENT,    an- 
nual report 9858 

bond  and  qualifications  of 9855 

duties  and  powers  of 9856 

election  and  term  of 9854 

examination  of  teachers  by 9856 

may  employ  chief  clerk 9857 

:not  permitted  to  act  as  agent 9859 

president  board  of  education 9814 

to  furnish  blanks,  etc 9840 

to  make  rules  for  institutes 9966 

to  prescribe  forms  for  blanks 9853 

school  visitation 9858 

vacancy  in  office,  how  tilled 9854 

STATE  TREASURER,  duty  of 9820 

same 9821 

TAXES,  assessment  of 9844 

delinquent,  how  returned 9848 

for  district  collected 9847 

how  levied  and  collected 9744 

same 9746 

increase  of,  to  erect  school  house.  9778 

to  maintain  school,  election.....  9777 

levy  of.  to  meet  annual  interest. .  9758 

rate  of  increase  of  levy,  etc 9777 

restrictions  on  loan 9753 

sinking  fund  provided  for 9753 

to  redeem  outstanding  bonds. ..  9757 
TEACBERS,  who   cannot   be   em- 
ployed   9766 

cannot  serve  as  district  clerks —  9766 

certificate  required  of 9796 

certificate  may  be  revoked 9960 

contract  employing— contents.  ..  9766 

contract  with,  construed 9767 

duty  of ,  to  attend  institute 9902 

examination  of,  for  certificate.  ..  9958 
when  failing  to  attend  institute  9958 

by  State  Superintendent 9856 

failing  to  comply  with  contract  . .  9767 

fee  paid,  for  institute  fund 9963 

instruct   in   physiology  and   hy- 
giene  !.  9799 

may  exclude  pupils,  when 9765 

monthly  and  term  report 9801 

must  keep  register  of  attendance.  9800 


TEACHERS— Continued- 


Sec.  Page 


of  central  high  school 1*773  29 

to  keep  record  of  director's  visits.  9800  46 

TERM,  length  of,  required 9751  15 

over  six  months,  how  determined.  9750  11 
UNORGANIZED        TERRITORY, 

forfeiting  organization 9741  5 

how  attached  to  adjoining  district  9740  5 
VACANCY,    in   office   of   commis- 
sioner   9803  47 

school  director,  how  filled 9762  21 

VOTER,  who  is,  under  school  law.  9759  19 

WARRANTS,  forms  of 9789  42 

for  district  indebtedness 9788  41 

redemption  of  6  per  cent 9792  44 


SCHOOLS     IN     CITIES,     TOWNS 

AND  VILLAGES- 

annexation  of  adjacent  territory..  9875  77 

by  extending  corporate  limits —  9876  78 

annual  meetings,  regulations,  etc.  9874  76 

questions  submitted  by  ballot  ..  9874  76 

board  of  directors,  duties 9866  74 

election  and  term  of  office 9863  73 

government  of  district  vested  in  9862  73 

majority  of  constitutes  a  quorum  9864  73 

may  accept  gifts  for  library 9889  81 

may  sell  real  estate 9878  80 

may  purchase  site  for     school 

house 9878  80 

may  establish  graded  school 9865  74 

members  of,  not  to  be  employed.  9877  80 

must  organize,  officers 9864  73 

shall  keep  common  seal 9867  74 

vacancy  in,  how  filled 9862  73 

bonds,  may  issue  renewals 9860  70 

boundary  line,  change  of 9875  77 

districts  organized,  now 9860  70 

same 9861  71 

collector  to  pay  moneys  to  treas- 
urer   9873  76 

county  clerk,   duties  of,   compen- 
sation   9872  76 

elections  in  cities  exceeding  2,000..  9874  76 

library,  how  established 9866  74 

notice  to  organize  district 9861  71 

to  vote  increase  of  tax 9867  74 

to  change  boundary  line 9875  77 

secretary  of  board,  compensation  9877  80 

tax,  vote  to  increase 9867  74 

term,  length  of 9867  74 

TREASURER,  bond,  compensation  9868  75 

same 9870  75 

district  moneys  to  be  paid  to 9870  75 

liability  of,  for  sinking  fund 9869  75 

settlement  of,  etc 9871  76 

vacancy  in  board  of  directors 9862  73 


